NOTICE OF MEETING - City of Mitcham : Home PROPOSAL: CONSTRUCT A PERFORMING ARTS CENTRE, CARPARK, VERANDAH, LANDSCAPING & ALTERATIONS TO STATEHERITAGE PLACE, BIN STORAGE & RELOCATE

24 April 2014

NOTICE OF MEETING NOTICE is hereby given of the following Meeting to be held in the Council Chambers, 131 Belair Road, Torrens Park as follows:- Development Assessment Panel Meeting will be held on Thursday, 1 May 2014

commencing at 6.30 pm. A light supper will be provided at the conclusion of the meeting. CRAIG HARRISON DIRECTOR DEVELOPMENT AND COMPLIANCE

DEVELOPMENT ASSESSMENT PANEL

AGENDA 1 MAY 2014

MEETING OF THE DEVELOPMENT ASSESSMENT PANEL TO BE HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON THURSDAY, 1 MAY 2014 AT 6.30PM. MEMBERSHIP: Gavin Lloyd-Jones (Presiding Member), Richard Woods,

Iris Iwanicki, Andrea Thompson, Chris Adcock, Elaine Grimm and David Munro

PRESENT:

APOLOGIES:

STAFF IN ATTENDANCE:

CONFIRMATION OF MINUTES: That the minutes of the Development Assessment Panel meetings held 3 April 2014 be confirmed.

INDEX

BUSINESS 1. PUBLIC HEARING ONLY

NIL 2. NON-COMPLYING

2.1 29-31 GLOUCESTER AVENUE, 1 YORKE AVENUE, 8 PRICE AVENUE AND 14 PENNO PARADE, BELAIR DA 080/1402/2013

3. CATEGORY 3 NOTIFIED APPLICATIONS

3.1 2-20 KALYRA ROAD BELAIR DA 080/1418/2012

4. DEFERRED ITEMS (FROM PREVIOUS MEETINGS) 4.1 73 FIVEASH DRIVE, PASADENA

DA 080/617/2013 4.2 15 SERPENTINE ROAD, BELAIR

DA 080/1127/2013 5. CATEGORY 2 NOTIFIED APPLICATIONS

5.1 15 MAITLAND STREET, MITCHAM DA 080/1386/2013

5.2 40 WINNS ROAD, COROMANDEL VALLEY DA 080/1470/2013

5.3 3 ST THOMAS STREET, HAWTHORNDENE DA 080/176/2014

6. APPLICATIONS EXEMPT FROM NOTIFICATION NIL

7. STATE AND CROWN

NIL 8. APPEALS UPDATE

8.1 APPEALS UPDATE AS AT 23 APRIL 2014 9. REPORTS FROM OFFICERS

NIL 10. REPORTS OUTSTANDING, RESOLUTIONS NOT YET

AFFECTED AND DELEGATED APPLICATIONS TO ADMINISTRATION

10.1 REPORTS OUTSTANDING, RESOLUTIONS NOT YET EFFECTED

AND DELEGATED APPLICATIONS TO ADMINISTRATION AS AT 23 APRIL 2014

11. QUESTIONS ON NOTICE

NIL

12. QUESTIONS WITHOUT NOTICE

NIL 13. OTHER BUSINESS

NIL 14. CONFIDENTIAL

14.1 82 NARINNA AVENUE, CUMBERLAND PARK DA 080/1226/2013

CLOSE CRAIG HARRISON DIRECTOR, DEVELOPMENT & COMPLIANCE

PAGE 1 DEVELOPMENT ASSESSMENT PANEL AGENDA ITEM NUMBER: 2.1 1 MAY 2014

29 - 31 Gloucester Avenue, 1 Yorke Avenue, 8 Price Avenue & 14 Penno Parade BELAIR DEVELOPMENT PROPOSAL: CONSTRUCT A PERFORMING ARTS CENTRE,

CARPARK, VERANDAH, LANDSCAPING & ALTERATIONS TO STATE HERITAGE PLACE, BIN STORAGE & RELOCATE TRANSPORTABLE CLASSROOM (FOR TEMPORARY PERIOD UNTIL COMPLETION OF THE PERFORMING ARTS CENTRE)

APPLICANT: ST JOHN'S GRAMMAR SCHOOL APPLICATION NO: 080/1402/2013 LODGEMENT DATE: 20/12/2013 ZONE: RESIDENTIAL (HILLS) ZONE APPLICATION TYPE: NON-COMPLYING PUBLIC NOTIFICATION: CATEGORY 3 REFERRALS: STATE HERITAGE UNIT, DEVELOPMENT OFFICER

ENGINEERING PREPARED BY: TIM PRIDE

DEVELOPMENT OFFICER - PLANNING DEVELOPMENT PLAN: CONSOLIDATED 19 APRIL 2012

RECOMMENDATION Development Plan Consent be GRANTED subject to concurrence of the Development Assessment Commission and conditions. BACKGROUND This application is presented to the Panel for a decision in accordance with Council Policy - Development Control 03.04 - Applications for Determination by the Development Assessment Panel due to the application being non-complying development subject to Category 3 public notification. PREVIOUS APPLICATIONS

APPLIC. NO: DESCRIPTION DECISION 080/149/2014 Remove two Regulated Trees Under Assessment

080/1084/2012 Construct a Gazebo Approved 080/1746/2009 Erect a Sign Approved 080/1111/2009 Erect Signage (Retrospective) Approved 080/1048/2009 Construct new Two(2) Storey Music and Drama

Facility Refused (Insufficient Information)

080/380/2008 Construct Two Storey School Building (Performing Arts & Dance Studio)

Approved

DESCRIPTION OF THE PROPOSED DEVELOPMENT The application is for the construction of a Performing Arts Centre including carparking, verandah, landscaping, alterations to a State Heritage Place (Retreat House) and the temporary relocation of a transportable classroom to the western side of the site, in association with the St Johns Grammar School campus. The


relocated transportable classroom will be removed from the site at the completion of the Preforming Arts Centre. The existing residential dwellings and associated structures at 8 Price Avenue and 14 Penno Parade North, owned by St Johns Grammar School, are proposed to be demolished to accommodate the development and therefore constitutes a change of use of this portion of the site from residential to educational establishment. The performing arts centre will include an entry foyer, stage, retractable seating (for 120 people), a band practice room, two teaching rooms (one with the ability to be split into two classrooms), three storage rooms, six practice rooms, two toilets and a kitchen. On the upper floor is proposed to have the bio box (lighting and sound mixing controls), two gallery areas and a plant room externally located. The proposal also includes a hard paved car park that will incorporate a one-way carriage way and 42 angled parks. Egress stairs to the eastern side of the State Heritage Place, are proposed to be replaced with a new set of metal stairs, that will sit proud of the side of the building by 0.9 of a metre. The application also proposes to install some landscaping in and around the car park and Performing Arts Centre. The landscaping will provide a border around the car park, and provides some landscaping and trees within the hard paved area of the car park and the area surrounding the Performing Arts Centre. The landscaping proposes to plant a number of larger trees, including four Eucalyptus leucoxylon and four Acacia melanoxylon. The following development statistics are applicable to the development application;

For further information relevant to the proposed development, refer Attachment A.

REQUIREMENT PROPOSED

SITE AREA n/a 5110m n/a STUDENT/STAFF NUMBERS n/a Existing (no increase) n/a

SETBACKS TO BUILDING

-Price Avenue 20 metres from residential development and in the case of two

or more storey buildings, at least 30 metres

16m(g/l) / 27m (u/l) x -Penno Parade North 35m (g/l) / 43.4m (u/l) -State Heritage Building 22.8m

MAX HEIGHT

8m is maximum height sought for residential development within

residential areas with non-residential development required to be appropriate and complimentary, with no direct quantitative measure.

8.1m

CAR PARKING SPACES

1/each full time staff member, plus a minimum of 5 for visitors 92


PUBLIC NOTIFICATION The application is a Category 3 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations. The following lodged representations were received by Council as a result of the public notification: Support

26 Penno Parade North Belair Support with Concerns

2 The Ridgeway Belair 8 The Ridgeway Belair 2 Gloucester Avenue Belair

Opposed

18 Gloucester Avenue Belair A summary of concerns: Possibility of glare and light spill from the security lighting associated with the

proposed development; Concern regarding increased traffic congestion and car parking conditions as

a result of the proposed development; Concern regarding sufficient landscaping associated with the proposed

development; Heritage concerns with reference to the proposed works taking place in the

location of possible unmarked graves. A copy of the representations, their concerns and the applicants response is contained in Attachment B. REFERRALS INTERNAL The application has been referred to Development Officer Engineering and the following concerns have been raised. The application has been provided with a stormwater report prepared by PT

Design, that provides background to the sites stormwater management and proposes a method for the management of additional stormwater from the development;

PT Design has based their stormwater report on the Schematic Stormwater Drainage Plan (dwg no. 01110-2 Issue B) undertaken by Bastick Llewellyn Consulting Engineers dated 8 June 2001;

There is not enough detail to show that what was accepted in 2001 is still relevant today and that the nature of stormwater systems and volumes have not changed over time;

It has been considered that given the information provided with the application, that Councils Development Officer Engineering is satisfied that


stormwater can be managed on the site, and that the detailed design can be resolved prior to Full Development Approval being issued as part of a reserved matter attached to any approval.

Copy of comments, refer Attachment C. EXTERNAL The application has been referred to the State Heritage Unit and the following comments provided. The State Heritage Unit is satisfied with the design as a whole, supporting the

location, layout and built form of the proposed development; The State Heritage Unit has stated that some of the finer detail is missing

from a few of the built form elements, but are satisfied that this is a minor issue and can be resolved at the working drawings stage prior to Full Development Approval being issued;

The State Heritage Unit has recommended conditions requiring detail to be provided to them and approved prior to the issuing of Full Development Approval; and

A full copy of the relevant reports are attached, refer Attachment D. ASSESSMENT Seriously at Variance Pursuant to Section 35(2) of the Development Act, 1993 the proposal is not seriously at variance with the Mitcham (City) Development Plan. Development Plan The subject land is located within the Residential (Hills) Zone as described in the City of Mitcham Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: Council Wide Provisions Objective(s) 9, 10, 17, 18, 19, 20 Principle(s) of Development Control 2, 14, 33, 36, 37, 38, 39, 40, 41, 42, 72, 73, 74,

75, 76, 142, 191 Zone Provisions Objective(s) 1 Principle(s) of Development Control 1, 6, 8 In assessing the merits or otherwise of the application the primary planning issues have been assessed relevant to the Development Plan under the following sub headings.


Nature of Development Principle of Development Control 8 of Residential (Hills) Zone lists Education Establishment as Non-Complying form of development. Although the proposal is defined as Non-Complying development, the proposal displays sufficient merit to warrant a more comprehensive assessment to be undertaken, along with Category 3 Public Notification. Non-Complying development does not indicate that an application is seriously at variance to the Development Plan. As such an assessment of Non-Complying development is to be assessed on its individual merits. Statement of Effect Regulation 17 of the Development Regulations requires (in relation to most Non-Complying applications) a 'Statement of Effect'. The Statement of Effect must include;

(a) a description of the nature of the development and the nature of its locality; and

(b) a statement as to the provisions of the Development Plan which are

relevant to the assessment of the proposed development; and (c) an assessment of the extent to which the proposed development

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

effects of the development on its locality; and (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 other information or material as the applicant thinks fit.

A 'statement of effect' has been provided for this application. The statement addresses the relevant material set out by Regulation 17. The general content within this statement addresses the proposed land use both within this locality and identifies relevant requirements of the Development Plan that are applicable. The Statement has been reviewed and is considered to identify that the application, although Non-Complying in status, on balance, has substantial merit to proceed for a full assessment against the Development Pan. Social, Economic and Environmental Effects Social effects are considered beneficial to the local community. The subject site enjoys existing use rights as an educational establishment, with the proposed development providing additional teaching and performance spaces to the school. The proposed development will benefit existing and future students from within the area and wider community. Economic effects are considered external and internal to the site. The establishment of such a large building and associated car parking area will provide employment opportunities and inject spending into the local economy. The school will become


more attractive to families, with schools shown to impact on housing prices and increase demand within surrounding localities. Environmental effects are external to the site in terms of noise however this has been demonstrated as being considered minimal and within accepted guidelines. This is because the site will continue to operate under existing number of students, and will continue to hold large productions or music related performances at a hired venue off site. Noise and use of the site will not be increased as a result of the proposed development. A range of acoustic treatments will be applied to the construction of the Performing Arts Centre to ensure ongoing compliance with the Environmental Protection (Noise) Policy 2007. Land Use The proposed land use will not change for the bulk of the development, with the exception of the newly established car parking area, where two dwellings will be demolished to make way for the construction of the car park and associated landscaping. The demolition of the dwellings and construction of the ancillary car park will see this portion of the site change in use from Residential to Educational Establishment. While Educational Establishments are listed as Non-Complying within the Residential (Hills) Zone, the use exists on the site, with the expansion into the two residential allotments, considered to be minor and allows for a more coordinated approach to the development of the school. Schools are often a necessary intrusion into residential areas as they provide a local and valuable service. Subject Site/Locality The subject site is located on Gloucester Avenue and with a frontage to Price Avenue and Yorke Avenue. The site of the proposed development is a portion of the larger school site and two existing residential dwellings, with the entire site for the school on a land holding of some 40,000 square metres. The site of the proposed development currently contains two detached dwellings with ancillary structures, informal car parking and a transportable building. The wider school site includes a number of buildings for various educational uses, sports courts and playing field, with a State Heritage Place (Retreat House) located west of the proposed performing arts centre.


Subject Site Plan Subject Site Dwellings to be Demolished Residential Allotments Close To Development State Heritage Place The locality is characterised by primarily detached dwellings on varying allotments of medium to large size. The locality is characterised by the open landscaped nature of the large residential allotments and public spaces, with large mature trees forming notable features. St Johns Grammar School is the only non-residential use within the locality and notably maintains the open landscaped character. Outside of the immediate locality is the Belair railway line, Kalyra retirement village and some commercial/retail uses along Main Road.


Locality Map Subject Site Dwellings to be Demolished Locality Location of Representors Desired Character The Desired Character Statement for the Residential (Hills) Zone, seeks to maintain the existing open landscaped character of land within the zone. The Desired Character Statement also seeks to maintain large allotments and space around buildings, particularly within bushfire protection areas. While the proposed development is not residential in nature, the non-residential use of the site maintains many of the features sought to be retained by the Desired Character Statement. The proposed development is considered to relatively accord with the Desired Character for the Zone, in that it maintains the very large allotment of the school, amalgamates two residential allotments into the site of the school and will increase


the landscaping on the site. The proposal will also see the demolition of two dwellings and associated structures, and the construction of a car park, that while has some hard form in the surfacing of the vehicle manoeuvring and parking areas, is considered to assist in the open feel of the site and locality with the addition of the landscaping. Built Form / Pattern of Development The proposed new performing arts centre is to be constructed as an entirely separate and free standing structure. The design of the new building is well articulated with a bold single storey element constructed in red brick wrapping around the main form of the building that is to be precast concrete panels in sandstone, with a rectangular form and to be two storeys in height. The precast concrete panels are textured and broken into triangular patterning. The north-west corner of the main built form is recessed back and reveals a glass and metal sheet clad entry foyer, with a metal screen canopy. The roof will not be visible either at ground level or at first floor levels. The materials, colours and finishes are considered to be complimentary to the State Heritage Place and the site in general. The proposed building is consistent with the built form on the site, that being large two storey buildings, while being designed and located to be subordinate to the State Heritage Place. Given the surrounding area is residential in nature, the proposed development is not consistent with the pattern of development within the locality, but is considered to be consistent with the use of the site. The proposed building is considered to provide synergetic connectivity with the State Heritage Place in that the building has been designed using face red brick, colorbond steel, and sandstone, with the height, proportions and overall design taking cues from the State Heritage Place. The construction of the car parking area will see the demolition of two dwellings currently encroaching onto the site. It will also assist in increasing the open and landscaped appearance around the sites boundary and frontage to the public road. Impact on Amenity Visual: The proposed development is considered to have a positive contribution to the amenity of the locality, with the removal of a transportable building, increased landscaping, and construction of a high quality building. Visually the proposed building will add an element that is complimentary to the State Heritage Place, provides an interesting architectural feature and that is located so as to have minimal impact on the surrounding area. Noise: The use of the building will not adversely impact on the surrounding locality by way of noise, with the building being designed with excellent sound acoustic and sound proof qualities. The applicant has provided an Environmental Noise Assessment report undertake by Sonus, in regards to the proposed design. This noise assessment has used assumptions and formulated predictions based on


measurements of music tuition and band practice previously undertaken at a number of metropolitan schools within the Adelaide metropolitan area. The noise assessment concludes that provided specifically outlined materials and construction methods are used that the proposed performing arts centre should not impact on the surrounding residential amenity by way of noise. Materials and construction methods outlined include; specific glass or double glazing is installed in areas where band or stage performances will occur, windows to spaces where music is to be played are fitted with airtight seals, the roof is constructed as outlined with two options, and light weight constructed walls are to be constructed using a variety of materials and assembled in a specific layered effect or alternatively replaced with precast concrete panels. The Environmental Noise Impact Statement also addresses the potential noise form vehicles and the proposed car parking area. The statement has considered predictions based on a range of previous noise measurements at similar facilities and considers general vehicle movement, as well as car park activity such as people talking, the opening and closing of vehicle doors, starting and idling of vehicles, and vehicles moving into an accelerating away from car parks. The statement has also considered a figure of 15 vehicle movements within a 15 minute period during peak times. The application proposed a new 1.8m colorbond steel sheet fence along the southern boundary adjoining the residential allotment. With the proposed fencing, the statement concludes that the proposed development should not adversely impact on the amenity of the locality by way of vehicle and vehicle user noise. Light Spill: Currently the applicant has not provided details of any lighting proposed for the car park or around the proposed Performing Arts Centre. Low level lighting or lighting attached to the building does not require the approval of Council. However and high level lighting attached to poles, will require approval. As part of one of the representations received during the public consultation process, a concern was raised over light spill from the development. A condition will be placed on any approval requiring that any lighting be provided at a lux level and designed to have minimal light spill that does not negatively impact on adjoining dwellings. Despite the condition, any high level lighting and poles will be part of a separate assessment. Traffic and Parking The proposal seeks to construct a car park adjacent to the Price Avenue and Penno Parade frontages. The car park will be accessed via the existing dual carriage driveway closest to Price Avenue. The car park will contain 42 car parking spaces, that are configured to be angled parking in line with the one-way 4.5 metre carriage way that services the car parking. The existing site contains 50 car parking spaces, with the total number of car parks to be provided on site, to be 92. Given that the proposed building is for the accommodation of an existing teaching program and as upgraded facilities for the school, the proposal will not be a catalyst for an increase in the number of students on the site. The performing arts centre is also primarily used for teaching and rehearsal type activities, with productions still to be held at a hired venue. The proposal is therefore considered to improve the existing car parking arrangements on the site without increasing the demand for car parking.


Concerns raised regarding the issue of student parking and special event days in representations from the public consultation, are existing situations that the school seeks to manage in its general operations of the school. The proposed development will not exacerbate any of these issues, with the additional car parking to be provided considered to assist in parking issues for special events at the school. Traffic movements on the site are considered to be safe and effective, with the existing access points and carriage ways to remain. Access is gained to the site via a dual crossover to Gloucester Avenue and one to Price Avenue. Currently there is some informal parking and vehicle manoeuvring areas to the south of the State Heritage Building and around the transportable building. The proposed development will move this gravel parking and vehicle movement area away from the State Heritage Place and increase its safety through the formalising of car parking spaces and hard surfacing. Construction traffic has been raised as a concern from a representation. A condition has been recommended that requires the applicant to provide and have approved by Council a Construction Management Plan, prior to any works being undertaken onsite. The Construction Management Plan will address construction and delivery vehicle access and egress to the site, storage of materials and waste, dust control, tree protection and timeframes of the construction of the building and car park. Landscaping The proposed development involves a number of new formalised landscaping areas of varying proportions that aim to provide screening and softening of hard paved areas and built form, as well as to provide shade. The landscaping areas include a three metre strip to the Price Avenue and Penno Parade street frontages, a reasonable sized landscaping area to the north of the proposed performing arts centre that runs along the internal driveway, an area at the rear of the performing arts centre and State Heritage Place, three garden beds within the court yard area between the State Heritage Place and performing arts centre, two garden beds within the car parking area and a strip of landscaping between the car park and the residential allotment at 16 Penno Parade. The application requires the removal of one large tree and six smaller trees/shrubs from the existing school site, and a number of trees and shrubs from the residential allotments. All trees to be removed are not regulated trees and do not require approval for their removal. The proposed development is retaining all trees where possible with the trees to be removed all located within the area for construction of the Performing Arts Centre or car park. The proposed replacement trees and landscaping, is considered to be consistent with Council Wide Principle of Development Control 33(a). The applicant has referred to Table Mit/2 within Councils Development Plan and is proposing to provide a variety of trees and plants within the landscaping area. Some thought has been given to the provision of appropriate trees and plants within different locations, with four Eucalyptus leucoxylon (South Australia Bluegum) proposed in the courtyard area and four Acacia melanoxlon (blackwood) proposed in the car parking area and landscaped area behind the proposed Performing Arts Centre.


The proposed development is considered to be consistent with the Development Plan in the provision of landscaping in that the proposal incorporates landscaping that includes trees, shrubs and ground cover that are appropriately located to screen the built form and hard paved areas and is consistent with Council Wide Principle of Development Control 33(c), while also providing a buffer between the site and the residences adjacent. The proposed development is considered to assist the site in providing an open landscaped character setting for the State Heritage Place and other buildings on or proposed on the site. The replacement vegetation will be protected through a condition of approval. Heritage The proposed development has been carefully designed with respect to the State Heritage Place on the site, which is located west of the proposed performing arts centre. The State Heritage Place was formally an institutional building known as the Home of the Inebriates, and was designed by an architect known as James Cumming. The historic significance of the site extends beyond just the building and built form and includes the siting of the building and the rural and spacious character of the site in general. The applicant has provided a Heritage Impact Statement from Flight Path Architects. The Heritage Impact Statement covers, the existing heritage listings, historical outline of the site, a survey of extant fabric, Development Plan Provisions, and a discussion on the heritage impacts and effect on significance. The statement concludes that the proposed development does not impact on the setting of the State Heritage place, in that it is proposed to be constructed in an area that contains existing structures and an informal car parking area. The setting of the heritage building is important in maintaining the link to the buildings past remote area setting, with the largely untouched parcel of scrub landscaping remaining on the site. The proposal also has been designed so that when accessing the site, the State Heritage Place is still the dominant feature, thereby ensuring consistency with Council Wide Objective 9 and Principle of Development Control 144. The proposed development will see the demolition of two of the residential dwellings that have encroached onto the site and the setting of the State Heritage Place, through land divisions under taken over the years. The demolition of the dwellings and construction of car parking and landscaping, will see some of the open landscaped appearance of the site returned. The only direct works to be undertaken on the State Heritage Place is the removal of some existing external stairs and construction of new stair case. The design of the proposed stairs is such that it is offset from the side of the building, thereby providing separation and maintains views and the appearance of the building and is considered to be consistent with Council Wide Principle of Development Control 142. The State Heritage Unit and a representor raised concerns over the location of some historical burial sites that may exist on the subject land. The applicant has provided a response with extensive research that indicates that the burial sites are within the old cottage garden and well away from the site of the proposed development. The State Heritage Unit are satisfied with the research and answers that were provided.


The proposed development has been supported by the State Heritage Unit. They are satisfied with the proposed design and information provided. The State Heritage Unit has provided some conditions outlining the need for the provision of more detail around some of the materials and final design of elements such as the entrance to the performing arts centre and the perforated screen on the new egress stairs to the State Heritage Place. The State Heritage Unit is confident with the overall built form and design, claiming that the assessment of the detail requested will not hinder the applicant in obtaining Full Development Approval. It is therefore considered acceptable to condition these elements for further assessment. Bushfire Protection The subject site is located within a high bushfire protection area as listed within Councils Development Plan. The application is not required to be referred to the Country Fire Services under Schedule 8 of the Development Regulations 2008, as it is not a dwelling, tourist accommodation or other form of habitable building where human occupation involves sleeping. This has been confirmed through Councils legal advisors. There are also no requirements for design or provision of bushfire fighting elements to be provided on the site, under Councils Development Plan or the Ministers Code Undertaking development in Bushfire Protection Areas. Storm Water The applicant has provided a stormwater report to support the proposal, which has been reviewed by Councils Development Engineer. The proposed stormwater report indicates that stormwater can be handled on site and discharged to Councils system in an acceptable volume. The design and report are not entirely comprehensive and will require further negotiation with Councils staff. Stormwater system design and management is therefore to be considered as a reserved matter with the following to be considered and agreed upon:

Suitable stormwater management techniques including detention systems must be designed to reduce the post development flows to the equivalent 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 undetained 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.

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).


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.).

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.

Detention tank capacity must be in addition to any proposed rainwater storage tanks for domestic supply or On-site Stormwater Retention.

The stormwater design for the development must be certified by a Charted Professional Engineer in the field of stormwater management.

All stormwater runoff from particular hard stand car parking areas is to be treated by a suitable oil / grease arrestor or similar prior to discharge to the street stormwater system.

The maximum stormwater discharge rate to the street water table, from any single outlet, must be limited to 20 litres per second, with a maximum discharge velocity of 2 metres per second.

Water Sensitive Urban Design (WSUD) principles are to be incorporated into the proposed stormwater management system for the site.

Finished floor level will be set at an agreed height providing protection to the building while maintaining appropriate transitions and access to the court yard area around the building

It has been considered that given the size of the site and the proposed landscaping areas, as well as the existing system, that the consideration of stormwater is not a critical element that can be resolved through negotiation and is not a fundamental element that will inhibit the issue of Full Development Approval, and is therefore considered to be appropriate as a reserved matter. CONCLUSION When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality and the nature of the proposed development, it is considered that the proposal on balance satisfies the relevant provisions of the Development Plan. The proposal is broadly consistent with the desired character of the zone and will not detrimentally impact upon the amenity of the adjoining properties of the locality. Accordingly, the proposal warrants Development Plan Consent subject to conditions.


RECOMMENDATION A. The proposed development is not seriously at variance with the relevant

Development Plan. B. The following detailed information shall be submitted for further assessment

and approval by the Manager of Planning and Building Services as authorised by the Development Assessment Panel as reserved matters under Schedule 33(3) of the Development Act 1993: 1. A final Stormwater Management Plan prepared by an appropriately

experience and qualified Civil Engineer is to be provided to Council for separate approval incorporating (but not limited to): Suitable stormwater management techniques including detention

systems must be designed to reduce the post development flows to the equivalent 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 undetained 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.

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).

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.).

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.

Detention tank capacity must be in addition to any proposed rainwater storage tanks for domestic supply or On-site Stormwater Retention.

The stormwater design for the development must be certified by a Charted Professional Engineer in the field of stormwater management.

All stormwater runoff from particular hard stand car parking areas is to be treated by a suitable oil / grease arrestor or similar prior to discharge to the street stormwater system.


The maximum stormwater discharge rate to the street water table, from any single outlet, must be limited to 20 litres per second, with a maximum discharge velocity of 2 metres per second.

Water Sensitive Urban Design (WSUD) principles are to be incorporated into the proposed stormwater management system for the site.

Finished floor level of the Performing Arts Centre.

C. Pursuant to Section 42(1) of the Development Act 1993, the Development

Assessment Panel reserves its decision on the form and substance of any further conditions of the Development Plan Consent that it considers appropriate to impose in respect of the reserved matters outlined above and this is AUTHORISED to the Manager of Planning and Building Services.

D. That the application by St John's Grammar School to CONSTRUCT A

PERFORMING ARTS CENTRE, CARPARK, VERANDAH, LANDSCAPING & ALTERATIONS TO STATE HERITAGE PLACE & BIN SOTRAGE, & RELOCATE TRANSPORTABLE CLASSROOM (FOR TEMPORARY PERIOD UNTIL COMPLETION OF THE PERFORMING ARTS CENTRE) at 29 Gloucester Avenue BELAIR, 1 Yorke Avenue BELAIR, 31 Gloucester Avenue BELAIR, 8 Price Avenue BELAIR & 14 Penno Parade BELAIR as detailed in Development Application No: 080/1402/2013 be GRANTED Development Plan Consent subject to Concurrence of the Development Assessment Commission, reserved matters and the following conditions of consent:- 1) The proposal must be developed in accordance with the details

submitted to the Council and approved plans relating to Development Application 080/1402/2013, specifically the requirements and construction methods outlined in the Environmental Noise Assessment Report by Sonus Pty Ltd S3651C5 dated September 13, except where varied by the following conditions.

Reason: To ensure the proposal is established in accordance

with the plans and details submitted. 2) Existing trees which are to be retained in accordance with approved

landscaping plans for the subject site must not be damaged or removed (including root damage).

Reason: To Maintain and enhance the visual amenity of the

locality in which the subject land is situated. 3) The proposed landscaping must be established on the site in

accordance with the approved plan prior to the occupation of the building and must be maintained in good condition at all times. Any such landscaping must be replaced if it dies or becomes seriously diseased.


Reason: To maintain and enhance the visual amenity of the locality in which the subject land is situated.

4) All services to the site and within the subject site must be placed

underground.

Reason: To enhance the amenity of the locality. 5) All carparking areas, driveways and vehicle manoeuvring areas must

be constructed, sealed and drained in accordance with sound engineering practice prior to the occupation or use of the development now approved.

Reason: To provide satisfactory parking for users of the

development. 6) The driveways, parking areas and vehicle manoeuvring areas must be

maintained in good condition at all times.

Reason: For safe and convenient use of the area by motor vehicles.

7) The carparking bays provided must be suitably line-marked or

delineated and the line-marking or delineation of the bays must be maintained thereafter in good condition at all times.

Reason: To provide satisfactory parking for users of the

development 8) Suitable wheel stops or bump bars must be placed in parking spaces

prior to the use of the car parking area.

Reason: To provide for safe and convenient vehicle parking. 9) The new colorbond fence to be erected on the southern boundary of

the car park and north of the adjoining residential dwelling, shall be sealed airtight at all joints including at ground level.

Reason: To ensure the amenity of the residential dwelling is

maintained. 10) Security and safety lighting installed around the car park, court yard or

on the performing arts centre, shall be located, designed and directed so that light spill does not extend beyond the boundaries of the site, including the adjoining residential allotment and public roads.

Reason: To ensure the amenity of the adjoining residential

allotment is maintained and that light does not impact on the safe operation of motor vehicles.


11) A Construction Management Plan shall be submitted to Council for consideration and approval prior to any works being undertaken on the site.

Reason: To ensure the amenity of the locality is not

detrimentally affected by the construction works. 12) Final design, colours and material details of the main entry of the

proposed Performing Arts Centre opposite the State Heritage Place, shall be submitted to Council for consideration and approval in consultation with the Department of the Environment, Water and Natural Resources, prior to the granting of Development Approval.

Reason: To ensure the detailed resolution of all new elements is

sufficiently documented and sympathetic to the State Heritage Place.

13) Final design, colours, junction and material details of the proposed

escape stairs to the State Heritage Place shall be submitted for Councils approval in consultation with the Department of the Environment, Water and Natural Resources, prior to the granting of Development Approval.

Reason: To ensure the detailed resolution of all new elements is

sufficiently documented and sympathetic to the State Heritage Place.

14) The relocation of the transportable building west of building 04

(resource centre and classrooms) shall be for a period not remain on the site permanently, with the transportable building removed from the site no later than one month after the completion and use of the Performing Arts Centre.

Reason: To ensure the development is undertaken in

accordance with plans and details submitted. 15) The bin store is to have the gates closed at all times with the

exception of the collection of waste from the bins, with the storage area and bins to be cleaned and maintained to high standard at all times, with bins to have secure lids that are to be closed when the bins at not being filled or emptied.

Reason: To ensure the amenity of the locality is maintained at all

times.


2-20 Kalyra Road BELAIR 5052 DEVELOPMENT PROPOSAL: CONSTRUCT SEVEN (7), TWO STOREY RESIDENTIAL

FLAT BUILDINGS, EACH CONTAINING TWO (2) DWELLINGS FOR THE PURPOSE OF AN ASSISTED LIVING FACILITY IN ASSOCIATION WITH THE EXISTING KALYRA HEIGHTS RETIREMENT VILLAGE, ASSOCIATED EARTHWORKS COMPRISING 2,102 CUBIC METRES, WITH THE INTRODUCTION OF 836 CUBIC METRES OF FILL AND 633 CUBIC METRES OF CUT, ACCESS ROAD & BRIDGE, WALKING TRAILS, RETAINING WALLS, 52,000 LITRE RAINWATER TANK, THE REMOVAL OF TWO SIGNIFICANT AND ONE REGULATED TREE.

APPLICANT: THE JAMES BROWN MEMORIAL TRUST APPLICATION NO: 080/1418/2012 LODGEMENT DATE: 07/11/2012 ZONE: RESIDENTIAL (HILLS) ZONE APPLICATION TYPE: MERIT PUBLIC NOTIFICATION: CATEGORY 3 REFERRALS: COUNTRY FIRE SERVICE (CFS),

COUNCILS HORTICULTURE TEAM, DEVELOPMENT OFFICER ENGINEERING

PREPARED BY: MICHAEL GATES DEVELOPMENT OFFICER PLANNING

DEVELOPMENT PLAN: 19 APRIL 2012 RECOMMENDATION Development Plan Consent be REFUSED. BACKGROUND This application is presented to the Panel for a decision in accordance with Council Policy - Development Control 03.04 - Applications for Determination by the Development Assessment Panel due to the application being a category 3 form of development with a representor that wishes to be heard by the Panel. The site has been used by the James Brown Memorial Trust in a variety of uses since 1896. The use as a retirement village commenced on the site 1993 and has expanded over the years with the most recent additions being completed in 2007 with the village now comprising 105 villas and apartments. It is noted that part of the Kalyra Retirement Village is listed as a local heritage place. The exterior of the former sanatorium buildings fronting Gloucester Avenue that now comprise portion of the administration centre buildings is listed in Table Mit/4 of the Development Plan. However this proposal is not considered to have any impact on the heritage character of the listed buildings given the distance between the proposed development and the listed buildings and the difference in site levels between the two areas. It is noted that the listed buildings are located outside of the defined locality as part of this report. Therefore it was not considered necessary to refer the application to Councils Heritage Advisor.


PREVIOUS APPLICATIONS An application (080/1296/1997) for the construction of eight single storey residential flat buildings, each comprising two dwellings and village centre on the subject site area was lodged in December 1997. The application was refused by Councils Development Assessment Panel for reasons relating to concerns about density, excess removal of vegetation and the proposal not retaining the natural and open character of the hills environment. DESCRIPTION OF THE PROPOSED DEVELOPMENT This application is for the construction of seven, two storey residential flat buildings, each comprising two dwellings for the purpose of independent living units in association with the James Brown Memorial Trust aged care facility directly south of the site. The development also includes the construction of an access road including, associated earthworks that comprise 2,102 cubic metres, including the introduction of 836 cubic metres of fill to the site and 633 cubic metres of cut, a bridge to facilitate access to the western end of the development, walking trails and the removal of two significant Grey Box trees and one regulated Grey Box tree. There is also a 52,000 litre water tank for firefighting purposes and a hardstand for emergency vehicles. Each of the seven buildings is made up of two dwellings that will each comprise of three bedrooms, two bathrooms, a kitchen and living area, double garage under the main roof and balconies for private open space. The upper level of each dwelling will comprise of the main bedroom and ensuite bathroom, living area and double garage, whilst the lower level will comprise of an additional two bedrooms and bathroom. Each of the dwellings has balconies on both the upper and lower levels providing for useable private open space areas. The buildings range in height from 7.4 metres to 8.1 metres above natural ground level. The dwellings will be constructed with a variety of materials included corrugated Colorbond roof in Woodland Grey, external walls to be a combination of rendered finish in Fair Bianca half and mud skipper and also corrugated sheeting in Wind Spray and the front glazing and balustrade in Viridian Green. The decking and eaves will be constructed from hardwood. The retaining walls on the site will be constructed from concrete block work and have a rendered finish in Fair Bianca half. Each building will be provided with water tanks of 30,000 litres for both firefighting and detention purposes located underneath the dwellings. There is also an additional 52,000 litres with a hard stand area for use by the CFS in an emergency situation. The proposed dwelling closest to Marina Avenue will be setback 7.5 metres from the street with the setbacks of the proposed dwellings to Belair Road ranging between 14 metres to 23 metres. The site will be accessed via a new crossover from Marina Avenue with six parallel parking spaces provided along the access road. A turnaround area is provided at the end of the road. There are also pedestrian trails proposed to link the dwellings with the existing aged care facility to the south.


The following development statistics are applicable to the development application;

* The plans provide have not delineated site areas for each dwelling, as such site areas for each dwelling have been calculated proposing a curtilage around each dwelling. In CITY OF MITCHAM v TERRA EQUITIES PTY LTD [2007] SASC 244 (4 July 2007) the made the following findings;

21. In the case of the present development, the approach adopted by the Commissioner means that the common driveway has been included as part of the site area. In my view, a common driveway used by the

REQUIREMENT PROPOSED

SITE AREA* Residential Flat Buildings

600 sqm per dwelling

Dwelling 1 260sqm

Dwelling 2 380sqm

Dwelling 3 300sqm

Dwelling 4 380sqm

Dwelling 5 460sqm

Dwelling 6 495sqm

Dwelling 7 390sqm Dwelling 8 365sqm Dwelling 9 395sqm Dwelling 10 395sqm Dwelling 11 460sqm Dwelling 12 540sqm Dwelling 13 480sqm Dwelling 14 550sqm

x x x x x x x x x x x x x x

GRADIENT Less than 1:8

Duplex 1 1 : 4.19

Duplex 2 1 : 4.5

Duplex 3 1 : 4.34

Duplex 4 1 : 3.4

Duplex 5 1 : 3.0

Duplex 6 1 : 3.0

Duplex 7 1 : 3.76

x x x x x x x

FRONTAGE To Belair Road 235 m

SITE COVERAGE No Requirement for Residential (Hills) Zone 15% of total site No Requirement

IMPERVIOUS COVERAGE

No Requirement for Residential (Hills) Zone 27% of total site No Requirement


occupants of other dwellings on the development site is not to be included in the site of a dwelling. The reference to "convenient and safe vehicle access and parking" in Principle 16 of the Council-wide principles of development control requires provision on the site of the dwelling for those facilities. It is not intended to include a common driveway used by the occupants of the dwelling as well as by others for the purpose of gaining access to each individual dwelling. A common driveway is not an area capable of being used and enjoyed exclusively by occupants of a dwelling. Another reason for excluding the area of a common driveway when calculating site area lies in the fact that it is capable of producing a quite misleading result, for example in a residential development which has a very substantial driveway.

22. This conclusion is not affected by the definition of the term "site". The term "site" is defined by the Development Regulations in these terms:

site means the area of land on which a building is built, or proposed to be built, including the curtilage of the building, or in the case of a building comprising more than one separate occupancy, the area of land on which each occupancy is built, or proposed to be built, together with its curtilage.

If it is relevant, the definition reinforces the conclusion. The definition of "site" signifies that each building in a group of buildings is to have its own curtilage. It is inconsistent with that definition, as well as with the ordinary meaning of curtilage, if the occupants of one dwelling must share the curtilage of that building with the occupants of another dwelling. The notion of a common area used by others is entirely inconsistent with the concept of a curtilage.

The applicant has stated that they consider that the issue of density does not relate to the application on the basis that this application is for a retirement village complex, to which there is no requirement in the Development Plan. However the size and design of the dwellings the development is considered to be more residential in nature than the existing units in the village. Given that the dwellings comprise of three bedrooms and a double garage under the main roof and their appearance as a series of semi-detached dwellings has also been taken in to consideration. Therefore the above mentioned case law is considered appropriate in this instance and that the proposal should comply with the density requirements of the Residential (Hills) Zone for residential flat buildings.

http://www.austlii.edu.au/au/legis/sa/repealed_reg/dr1993250/


PRIVATE OPEN SPACE

20% of the site area

(calculated as balcony/deck areas)

Dwelling 1 24sqm

Dwelling 2 24sqm

Dwelling 3 19sqm

Dwelling 4 19sqm

Dwelling 5 19sqm

Dwelling 6 19sqm

Dwelling 7 44sqm Dwelling 8 44sqm Dwelling 9 44sqm Dwelling 10 44sqm Dwelling 11 44sqm Dwelling 12 44sqm Dwelling 13 44sqm Dwelling 14 44sqm

x x x x x x x x x x x x x x

SETBACKS

-PRIMARY STREET Average of Adjoining = 6.5 metres 14 metres

MAX HEIGHT 8m / 2 Storey

(all of the dwellings are two

storey)

Duplex 1 7.4m

Duplex 2 8.1m

Duplex 3 7.9m

Duplex 4 7.6m

Duplex 5 8.0m

Duplex 6 7.8m

Duplex 7 8.1m

x

X

SEPARATION BETWEEN BUILDINGS No Requirement

Duplex 1 Duplex 2 Duplex 2 Duplex 3 Duplex 3 Duplex 4 Duplex 4 Duplex 5 Duplex 5 Duplex 6 Duplex 6 Duplex 7

1.3m

3.7m

10m

3.4m

4.6m

3.2m


For further information relevant to the proposed development, the plans relating to the development are contained in Attachment A.

The initial planning statement provided by Planning Aspects dated 19 June 2013 is contained in Attachment B.

A further planning statement provided by Planning Aspects dated 21 February 2014 is contained in Attachment C.

A supplementary planning statement by Planning Aspects dated 21 March 2014 is contained in Attachment D.

A letter from Planning Aspects dated 3 April 2014 is contained in Attachment E.

A tree audit report provided by Arborman Tree Solutions dated 17 June 2013 is contained in Attachment F.

A tree assessment report provided by Arborman Tree Solutions dated 20 March 2014 is contained in Attachment G.

An assessment of the access provisions provided Frank Siow & Associates Traffic and Parking Consultants dated 18 March 2014 is contained in Attachment H.

Further assessment from Frank Siow & Associates Traffic and Parking Consultants dated 1 April 2014 Attachment I.

An assessment of the stormwater provision provided by JDR#1 Pty Ltd dated 19 March 2014 is contained in Attachment J.

PUBLIC NOTIFICATION The application is a Category 3 form of development as the proposed earthworks constitute development and are not considered to be of a minor nature (category 1) and therefore is not listed in either Section 38 of the Development Act 1993 or Schedule 9 of the Development Regulations 2008. The following lodged representations opposing the proposal:

Blackwood/Belair & District Community Association*

WIDTH OF BUILDING No Requirement

Duplex 1 32m

Duplex 2 18.7m

Duplex 3 25.4m

Duplex 4 23m

Duplex 5 23.1m

Duplex 6 23m

Duplex 7 23m

CAR PARKING SPACES 2 per dwelling per dwelling

Each dwelling 2 spaces per dwelling


The following lodged representations supporting the proposal but with concerns:

11 Kalyra Road Belair 5 Marina Avenue Belair 80/10 Marina Avenue Belair

The following lodged representations in support of the proposal

55/12 Marina Avenue Belair 32/48 Gloucester Avenue Belair 49/12 Marina Avenue Belair 76 Upper Sturt Road Glenalta* 35 St Georges Terrace Bellevue Heights 52/12 Marina Avenue Belair* 39/48 Gloucester Avenue Belair* 30 Yurilla Drive Bellevue Heights PO Box 114 Oakbank 68/12 Marina Avenue Belair 79/10 Marina Avenue Belair 70/10 Marina Avenue Belair* 116/8 Kalyra Road Belair 79/10 Marina Avenue Belair 54/12 Marina Avenue Belair 47/48 Gloucester Avenue Belair 107/12 Marina Avenue Belair 62/12 Marina Avenue Belair 33/48 Gloucester Avenue Belair* 3a Marina Avenue Belair PO Box 4 Belair* 18/71 Gloucester Avenue Belair 52/12 Marina Avenue Belair 67/12 Marina Avenue Belair 69/12 Marina Avenue Belair 101/12 Marina Avenue Belair*

A summary of concerns: Density ; Loss of vegetation; Over development of the site; and Access problem of additional traffic onto Marina Avenue. The representors marked with an * wish to be heard by the Development Assessment Panel. A copy of the representations and the applicants response is contained in Attachment K.


REFERRALS Internal The application has been referred to Councils Horticulture Team who has supplied comments relating to the removal of the significant and regulated trees, the method adopted to minimise damage to the trees that are to be retained, and also on the landscape plan. There are some concerns raised with the proposed landscape plan in that the replacement trees are considered to be inappropriate for the locality and the development as a whole. It is also noted that further information is needed regarding tree protection methods during construction should the Panel be of the mind to support the application. It is considered that with further information and assessment, these issues can be satisfactorily resolved prior to approval. A copy of the comments is contained Attachment L. The application has been referred to Councils Development Officer Engineering to assess the access and stormwater provisions of the development. It is noted that concerns have been raised about the methods used for the stormwater calculations and the driveway gradients at the Marina Road access. It is considered that these concerns once again can be suitably addressed and worked through, but further information and assessment is required should the Panel be minded to support the application. Given the application is recommended for refusal this additional detail has not been sought. A copy of the comment is contained in Attachment M. External The application has been referred to the Country Fire Service (CFS) by the applicant pursuant to Section 37AA of the Development Act 1993 and no concerns have been raised. The CFS support the application on the basis that there is a turnaround provided and sufficient water supply for firefighting purposes. The CFS has recommended each residential flat building have a supply of 22,000 litres and an additional 44,000 litres adjacent to the hard stand area. Whilst the plans list the tank as 44,000 litres, the letter to Council dated 20 September 2013 found in Attachment A outlines that a 52,000 litre tank is required as the location of the outlets means that 8,000 litres will not be useable. The dimensions shown on the plans correspond with that of a 52,000 litre tank. A copy of the report is contained in Attachment N. ASSESSMENT Seriously at Variance Pursuant to Section 35(2) of the Development Act, 1993 the proposal is not seriously at variance with the Mitcham (City) Development Plan. Development Plan The subject land is located within the Residential (Hills) Zone as described in the City of Mitcham Development Plan.


The main provisions of the Development Plan that relate to the proposed development are as follows: Council Wide Provisions Objective(s) 3, 5, 8, 10, 11, 12, 13, 14, 15, 17, 17, 25, 26, 27 Principle(s) of Development Control 2, 3, 6, 16, 17, 18, 19, 20, 21, 22, 24, 26, 27, 29,

31, 33, 37, 134, 135, 147, 148, 49, 150, 154, 182, 183, 184, 185, 186, 187, 188, 190, 191, 197

Zone Provisions Objective 1 Principle(s) of Development Control 1, 5, 6 As the site is located adjacent the Hills Face Zone the provision as described in the City of Mitcham Development Plan have been taken into consideration Zone Provisions Objective 1 Principle(s) of Development Control 2, 7, 8, 9, 11, 14, 15, 16, 24, 25 In assessing the merits or otherwise of the application the primary planning issues have been assessed relevant to the Development Plan under the following sub headings. Land Use This development for independent living units is an extension to the existing Kalyra Retirement Village that is a form of residential land use. The use for independent living facilities in the form of residential flat buildings is considered to be at odds with the desired land use for the site. The reasoning behind this is that steep gradient across the site and the density proposed does not align with the Development Plan requirements for residential flat buildings sought in the Residential (Hills) Zone provisions. The approach taken in the assessment of this application for the construction of seven residential flat buildings is consistent with the findings of City of Mitcham v The Chappel Investment Company Pty Ltd & The Smallacombe Investment Company Pty Ltd [2008] SASC 240 in which the Court stated:

31. In this case it was beyond argument that the buildings the subject of the development application, other than the single dwelling, each fell within the definition of residential flat building contained in the Regulations. Each was therefore, in the Zone in question, a non-complying development, notwithstanding that together they also comprised a retirement village as defined in the Retirement Villages Act.

32. In my opinion the Environment Court fell into error when, for the purpose of determining whether this was a non-complying development, it attempted to classify the development as a retirement village. The only relevant question was whether the development was or included a series of residential flat buildings.

http://www.austlii.edu.au/au/legis/sa/consol_act/rva1987217/


The Residential (Hills) Zone seeks that residential flat buildings should not be developed on sites with a gradient steeper than 1-in-8. The gradient across the site varies, however sections of the site are as steep as 1-in-3 and nowhere on the site is the gradient less than 1-in-8 as sought by the Development Plan. The preferred use as defined by the Development Plan would be for either detached dwellings on allotments greater than 2,000 square metres, or group dwellings on allotments larger than 1,600 square metres that would provide reasonable separation between buildings and retention of existing vegetation and arguably less earthworks. Given the preference for the retention of large allotments in this type of area and consideration given to relevant case law such as Hackett v City of Mitcham 2012 SAERDC 48 the proposed land use for residential flat buildings is considered to inappropriate for the site as stated by the Court in para 49;

It does not seem to me that this Development Plan gives much encouragement to development in the form of group or semi-detached dwellings in the Residential (Hills) Zone. Rather, it provides some standards to be applied in those limited circumstances where such forms of development might occur. I agree with the view expressed by Mr Heynen that such circumstances might be found in a locality which already has some group dwellings or other forms of medium density development. They might also be found in a locality where, for historical, topographical or other reasons, the great majority of allotments are smaller than the minimum specified for detached dwellings by Principle of Development Control 3.

Given the steep gradient of the subject site that well exceeds the requirements of Principle 5 of the Residential (Hills) Zone, the reference to limited circumstance in para 49 is not considered to relate to this site. Therefore the proposed land use is considered to be inappropriate for the site. Subject Site/Locality The subject site is located on the northern side of Kalyra Road, approximately half way between the intersections of Belair Road and Gloucester Avenue. The subject site covers an area of approximately 16,590 square metres and has frontages onto Marina Avenue, Belair Road and Kalyra Road. The site where the works are proposed is approximately 8,650 square metres in area. The site has an undulating topography with gradients ranging between 1-in-3 and 1-in-4.5 where the buildings are proposed. There are 380 trees on the site that are predominately native species with a large amount of Eucalyptus microcarpa. There are 25 trees on the site that are listed as being either regulated or significant, with three of these proposed for removal as part of the development. The locality is predominately characterised by modest size dwellings with the existing James Brown Memorial Trust Kalyra Heights Village and Kalyra Belair Aged Care complex to the south. Dwellings within the locality are a mix of single and double storey detached dwellings on relatively large allotments with generous spacing around the dwellings. The locality is characterised by the steep and undulating nature of the land and abundance of native vegetation.


It is noted that site is directly abutting the Hills Face Zone to the north that seeks low scale development with minimal earthworks and removal of vegetation. Whilst the subject site is not located within the Hills Face Zone, consideration is given to the Principles of Development Control for that Zone and the impact this development has in relation that Zone. In the report supplied by Planning Aspects dated 21 February 2014, the locality is described as substantially comprising the existing Kalyra Heights Village complex. Whilst it is considered that density of the village does impact on the character of the locality, it is only one side of the subject site. The density of the existing village is acknowledged, however for the basis of this assessment the character and pattern of development along Marino Avenue, Kalyra Road and Belair Road has also taken into consideration. The open and natural landscaped character of the locality was acknowledged in a recent appeal, Rawcliffe & Anor v City of Mitcham [2012] SAERDC 10 in para 6 and 7 for an appeal for a dwelling at 426 Belair Road that is 150 metres north-east of the site. Whilst that site is not located with the defined locality of this report, it is noted that the locality of that appeal would overlap with the locality of this report, and given the proximity of that site to this development the locality described in the excerpt below is considered relevant to this application (underlined for emphasis).

6. The subject land, in this respect, is significantly different from other land in its near vicinity. On the western side of Belair Road the land is heavily vegetated, steeply sloping and devoid of buildings and structures. On the eastern side adjacent the subject land, dwellings (on allotments exceeding 1000 square metres in area) are perched on the ridgeline and, because of the existing vegetation and their elevated position relative to Belair Road, they are not a prominent feature in the streetscape. The land immediately adjacent the subject land has views down onto the sides and floor of the subject land. Unlike its neighbours, the frontage of the subject land is exposed to passing traffic. However, because of the way in which it has been excavated and the care with which vehicles must navigate along Belair Road, the subject land is not a dominant feature in the streetscape.

7. I respectfully adopt Mr Fewsters locality for the purposes of the assessment.

Also, to the extent that the features which characterise the existing development in the locality are relevant, I concur with Mr Fewsters observations that follow[4]: From my observations the locality is of high amenity. The large spacious allotments, abundance of vegetation, sloping topography and the elevated positioning of dwellings, many with views of the Adelaide Plains, provide a distinctive open and landscape character and a pleasant living environment. I did not observe any three storey dwellings in the locality. The key elements and distinguishing features of the locality are summarised as follows: A low-density and landscape character derived from detached dwellings on large and well vegetated allotments;

A mix of architectural styles; Dwellings of single and two storey scale sited unobtrusively on the

ridge line;

http://www.austlii.edu.au/au/cases/sa/SAERDC/2012/10.html#fn4#fn4


A variety of building setbacks; Naturally sloping land with an abundance of vegetation; and Views over the Adelaide Plains.

Given that the subject site is in close proximity to 426 Belair Road, the elements listed in the locality description are considered relevant to this locality in that the locality comprises a mix of architectural styles, single and two storey dwellings, a variety of setbacks, sloping land with an abundance of vegetation and views over the Adelaide Plains.

Key: Subject Site Locality


Close up aerial of subject site

Photo from the eastern end of the site looking west


Photo showing Western section of the development site

Photo showing western end of the development site


Photo looking down to Belair Road from the middle of the site area

Photo looking east from the western end of the site


Photo of the site from Belair Road

Photo of the site from Belair Road


Photo showing entrance to dwellings above the proposed site

Photo showing the existing retirement village from Kalyra Road


Photo of the site from Kalyra Road

Photo of the western end of the site from Belair Road


Desired Character Statement The following is an excerpt from the Desired Character Statement for the Residential (Hills) Zone:

The zone generally comprises the residential suburbs of the City of Mitcham that are situated in the Mount Lofty Ranges. The area has developed a special character in response to a range of physical and environmental attributes including generally rugged topography, an abundance of vegetation, the absence of a deep drainage sewer system in the early years of settlement, the relatively low availability of and access to a range of services and facilities, and a relatively limited road system in terms of capacity and convenience. As a result of the above factors, the area has developed a unique character typified by generally large to very large allotments mainly accommodating detached dwellings, thus resulting in a very high open space to built-form ratio. This has enabled many areas to remain relatively densely vegetated and the area as a whole to maintain a distinctive natural character. Subdivision of land and the development of housing have occurred over a long period of time. This, together with the physical constraints of the land, has resulted in a diverse range of subdivision patterns, housing development and streetscapes that together contribute to the area's overall low density and highly landscaped character. For example, some areas have developed in a traditional grid pattern with straight roads and regular dwelling set-backs representing a relatively formal pattern of development. Other areas have developed with winding roads, irregular allotment patterns and a much less formal streetscape dominated by open spaces that have been left in a more natural or random state. A large portion of the zone is within a Bushfire Protection Area shown on Figures Mit(BPA)/1 to 17 of the Development Plan. This area requires special consideration due to the potential conflict between the need to modify the natural environment to afford adequate bushfire protection and the consequent impact such action potentially has on the overall landscape quality of the area. It is desirable that the existing open and landscape character of land within the zone be retained. Creation of new residential allotments that are substantially smaller than existing allotments could potentially dramatically alter the essential elements that comprise the existing character, through the removal of significant amounts of vegetation, alterations to landform, and impacts on creeks and drainage lines. Such development should therefore not occur. This is particularly relevant in the bushfire protection area and any development in this area should be carefully assessed and if necessary restricted to ensure the overall character of the zone is maintained.


The Desired Character Statement makes reference to two types of areas found within the Zone. In this instance the locality is considered to be the latter in which is described as being characterised by winding roads dominated by the large amounts of well vegetated open space. It is also noted that the site is located in a High Bushfire Protection Area with the northern part of the site having a Bushfire Attack Level (BAL) of Flame Zone. The Desired Character Statement states that development that proposes residential allotments that are substantially smaller than the existing allotments should be carefully assessed and restricted if necessary. The proposed development for seven residential buildings is at a density greater than found within the locality and is on a particularly steep section of the site that requires significant alterations to the existing land form. The finding of Hackett v City of Mitcham (No 1) [2012] SAERDC 48 gives some further discussion on the intent of the Desired Character Statement for the Residential (Hills) Zone:

46. It is hard to avoid the conclusion reached in Richards, Matters and several other judgments of the Court that there are tensions and contradictions between some elements of Principles of Development Control 2, 3, 4 and 5 for the Residential (Hills) Zone. Given the regularity with which the Court has commented on these apparent contradictions, there would appear to be some merit in amending the relevant zone provisions through the appropriate statutory process to clarify their intent. 47. Nevertheless, I think that the essence of the desired character sought for this zone is fairly clear. Its single objective seeks detached dwellings on large allotments that maintain and enhance the natural vegetation and features of the Mount Lofty Ranges. It is an area of overall low density and highly landscaped character. Its "unique character" is typified by generally large to very large allotments mainly accommodating detached dwellings, thus resulting in a very high open space to built form ratio.

These findings from Hackett v City of Mitcham (No 1) [2012] SAERDC 48 would appear to accord with the description of the locality as previously mentioned from Rawcliffe & Anor v City of Mitcham [2012] SAERDC 10. Therefore it is considered that the part of the Desired Character for this Zone that seeks detached dwellings on large allotments to maintain and enhance the natural and vegetated character of the Mount Lofty Ranges is very pertinent consideration to this proposal notwithstanding the Kalyra Retirement Village is well developed further south. The proposed development for seven residential flat buildings with limited space between each building that does not respond particularly well to the natural slope of the land, at a higher density than sought for by the Zone Principles that requires the removal of a significant amount of vegetation is not considered to maintain the existing character of the locality. Therefore the proposed development is considered to be fundamentally at odds with the Desired Character Statement for the Zone. Density Principles of Development Control 5 for the Residential (Hills) Zone seeks that residential flat buildings should only be developed on sites where the gradient is less


than 1:8 and each dwelling has a site area greater than 600 square metres. Where the dwellings are proposed the gradient ranges between 1:3 and 1:4.5. This is considered to be a significant variance from what is sought by the Development Plan and adds weight to the consideration that the site is inappropriate for residential flat buildings. Whilst it is noted that site areas are not outlined for dwellings, it is considered that they are not located on sites of at least 600 square metres and are not provided with any reasonable private open space areas. The site areas calculated in the table on page 3 of this report comprise of the areas and curtilage that specifically relate to each dwelling. This includes the area where the dwelling is sited, the side areas and a portion of the land in front of the dwellings. The applicants letter to Council dated 3 April 2014 (see Attachment E) states on page 2 we understand that there are no specific provisions in the city of Mitcham Development Plan that provide guidance on the question of density, and that the only measure of density for residential development are those pertaining to the Residential Hills Zone. As the site is located in the Residential (Hills) Zone it is considered entirely appropriate to use the density provisions for that Zone. This is further emphasised by the City of Mitcham v The Chappel Investment Company Pty Ltd & The Smallacombe Investment Company Pty Ltd [2008] SASC 240 case that found that where a development was essentially for a residential flat building, although in the form of an aged care facility, it should be assessed against the provisions for residential flat buildings. Pattern of Development It is considered that the existence of the village on the land is not justification for a development of this intensity. While the village is obviously lawful and is at a higher density than surrounding development, the layout and development pattern of the village is such that larger buildings are concentrated on top of the hill, with smaller single storey buildings stepping down toward Belair Road and Marina Avenue - this provides reasonable transition. The introduction of a series of 14 x two-storey dwellings on the outer edge and so close to Belair Road (near the bottom of the hill) would be significantly out of character with adjoining and surrounding residential development from a spatial and visual perspective. The Zone principles clearly envisage low density forms of development, particularly on sloping land, in order to maintain a very high open space to built-form ratio and a distinctive natural character. The proposed development is not considered to be at a low density in the context of the land and its locality and would not maintain and enhance the natural vegetation and features of the Mount Lofty Ranges as sought by Objective 1 of the Zone. Built Form The 14 dwellings are proposed to be located across an area of 200 metres with the height of the buildings ranging between 7.4 metres and 8.1 metres. Whilst it is acknowledged the height of some of the dwellings have been reduced during negotiation, the overall built form is still considered at odds with the requirements of the Residential (Hills) Zone.


It is acknowledged that careful consideration has been put into the design on the dwellings and that they are well articulated through their design and use of materials. The dwellings are considered to be well designed to maximise solar access and add visual interest to the street. The dwellings are also of a significant size that includes three bedrooms, two bathrooms and a double garage that have not been designed to follow the natural gradient. This results in the dwelling being built up from natural ground level and presents a significant amount of bulk and scale to the road. It is considered that this will be exacerbated by the removal of vegetation in front of the dwellings. The bulk and scale of the existing village is considered to be considerably lower than the proposed development. The majority of the existing dwellings in the village sit lower than the adjacent street level and are not visibly dominant to the street. The buildings in this proposal will sit significantly higher than street level and will therefore be more visually dominant that these dwellings within the existing village. On balance the overall built form and scale of the development is considered to be out of character for the locality. Whilst it is noted that two storey dwellings are found in the locality and that there is increased densities from the existing village, the overall scale and continuous form resulting from the 14 two storey dwellings is unlike any other in the locality. Where there are two storey dwellings, they are well separated on large allotments with vegetation to soften their appearance. Earthworks It is acknowledge that earthworks are a fundamental component of any development that is to be undertaken on site due to the steep gradients. However, the earthworks required for this development are not considered to be minimised as sought by Council Wide Principle 24, Principle 6 of the Residential (Hills) Zone, and Principle 2 of the Hills Face Zone. Given that the development requires over 2,100 cubic metres of earthworks, it was considered that earthworks are not of a minor nature and will impact on the amenity of the adjacent owners. The use of the site for an assisted living facility that requires minimal gradients also impacts on the amount of earthworks required for the buildings. Council Wide Principle 26 seeks that the floor plan of dwellings should be articulated and where appropriate be of spilt level design to minimise earthworks and obtrusiveness of the building. None of the buildings are of a spilt level design and the obtrusiveness of the buildings is further compromised by the upper level being at the same height as the roadway. Whilst this is a preference for the use of the buildings as assisted living facilities, it further demonstrates the inappropriateness of the use on a site with such a steep gradient. Whilst it is noted that the majority of the earthworks will be screened from street view, this is only achieved due to the excessive bulk and scale of the building works. None of the earthworks are screened by existing vegetation or proposed landscaping as sought by Principle 6 of the Residential (Hills) Zone. Impact on Amenity One of the main concerns of this proposal is the combined faade width of the two storey dwellings and their collective appearance when viewed from Belair Road. It is


noted that the combined faade distance of the first six dwellings is 82 metres with only two small gaps between the buildings. When approaching the site, particularly from the west, the dwellings will be visually dominant in a contiguous line due to their relatively close proximity to the frontage and their siting on the down slope will be within normal line of sight. Compare this to the row of existing single storey dwellings further south within the existing village that are not overly visible as they sit above the line of sight. Also, while there are several two storey dwellings within the locality quite close to Belair Road, these dwellings are detached and spaced well apart at lo

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NOTICE OF MEETING - City of Mitcham : Home PROPOSAL: CONSTRUCT A PERFORMING ARTS CENTRE, CARPARK, VERANDAH, LANDSCAPING & ALTERATIONS TO STATEHERITAGE PLACE, BIN STORAGE & RELOCATE