NOTICE OF MEETING Development Assessment Panel · PDF file · 2016-01-13Assessment Report Attachment 1: Plans and supporting ... The Development Application involves an expansion

Alexandrina Council

NOTICE OF MEETING

Notice is hereby given to Councillors and Members that the next meeting of Development Assessment Panel will be held in the

Alexandrina Council Community Chambers "Wal Yuntu Warrin", Goolwa, on 28 January 2016 commencing at 11:00 am

Your attendance is requested. 11.00 am Commencement of meeting Item 5.1 pg 455/564/15 Expansion of Existing Agricultural Industry Including Car

Parking

Don Donaldson

CHAIRPERSON

13 January 2016

Alexandrina Council

Development Assessment Panel Agenda 28 January 2016

REPORT AND AGENDA FOR DEVELOPMENT ASSESSMENT PANEL

MEETING TO BE HELD ON 28 JANUARY 2016 IN THE

ALEXANDRINA COUNCIL COMMUNITY CHAMBERS "WAL YUNTU WARRIN", GOOLWA,

COMMENCING AT 11:00 AM

PRESENT

APOLOGIES IN ATTENDANCE

CONFLICT OF INTEREST

Alexandrina Development Assessment Panel Members are reminded of the requirements for disclosure by Members of direct or indirect personal or pecuniary interest in a matter listed for consideration on the Agenda. Section 56A of the Development Act 1993 requires that any Member declares any interest and provide full and accurate details of the relevant interest to the Panel prior to consideration of that item on the Agenda. Each Member of the Development Assessment Panel has a duty to vote at all meetings unless excepted by legislation. The major exception being where a Member has a conflict of interest.

All discussion and consideration of decisions about development applications

before Council’s Development Assessment Panel will be made in public unless otherwise determined by the Panel in accordance with Section 56A(12) (b) of the

Development Act 1993.

ITEM 1. CONFIRMATION OF MINUTES

Minutes of the Alexandrina Council Development Assessment Panel held on 17 December 2015. RECOMMENDATION That the minutes of the Alexandrina Council Development Assessment Panel held on 17 December 2015 as circulated to members be received as a true and accurate record.

ITEM 2. RESOLVE TO PROCEED

Nil

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ITEM 3. DEVELOPMENT APPLICATIONS

Nil

ITEM 4. DEVELOPMENT APPLICATIONS - NON COMPLYING

Nil

ITEM 5. DEVELOPMENT APPLICATIONS - CATEGORY 3

ITEM 5.1 APPLICATION 455/564/15 PROPOSED DEV Expansion of Existing Agricultural Industry including Car Parking SUBJECT LAND No 362 (Lot 2) Paris Creek Road, Paris Creek APPLICANT Peter Hardy C/O- Design Inc AUTHOR Andrew Houlihan / Andrew Sladden LODGEMENT DATE 07.07.2015 DEVELOPMENT APPLICATION DETAILS

Zone Policy Area Precinct

Primary Production Mt Lofty Ranges Policy Area 9 N/A

Form of Development Consent on Merit

Public Notification Category 3 Representations received: 1 Representations to be heard: 1

Referrals – Statutory Environment Protection Authority (EPA) Department of Planning Transport & Infrastructure (DPTI)

Referrals – Internal Infrastructure Department Health, Environment & Community Safety Department

Development Plan Alexandrina Council Development Plan consolidated 7 May 2015

Assessing Officer Andrew Houlihan / Andrew Sladden

Date last inspected N/A

REPORT CONTENTS Assessment Report Attachment 1: Plans and supporting documentation Attachment 2: Representation Attachment 3: Response to Representation Attachment 4: Referral Reports

Alexandrina Council


EXECUTIVE SUMMARY The Development Application involves an expansion of an existing agricultural industry (Dairy Processing Facility) located within the Primary Production Zone. Pursuant to legal precedence, the application has been assessed as a ‘consent on merit’ form of development as it is considered to be a reasonable expansion of an existing non-complying land use. Subject to category 3 public notification, the proposed development is being presented to the DAP due to a representation being received opposing the proposed development. However, as evidenced in the following report, the proposed development is considered to generally comply with the relevant provisions from the Alexandrina Development Plan, and therefore warrants the granting of Development Plan Consent. NATURE OF DEVELOPMENT The subject site, which has an area of 23.83 hectares is located on Paris Creek Road in the northern portion of the Alexandrina Council area. It is a large rural property which has an existing agricultural industry and associated grazing. The existing agricultural industry (BD Farm Paris Creek) is housed in a large purpose built facility which produces dairy products (milk, yoghurt, cheese etc.). The facility is located adjacent and on the northern side of Paris Creek Road on the low portion of the subject site. The proposal involves an extension to this agricultural industry building on the north-western side with the aim of improving existing work practices and systems to increase process quality and efficiencies of the manufacturing industry. The additions to the existing building will provide for extensive undercover storage, sales, offices, canteen and laboratories. Also the additions will provide for three truck loading docks, as well as a more formalised car park providing parking for forty five (45) vehicles, amended vehicle manoeuvring areas, an improved access point from Paris Creek Road, tanks, sheds and revegetation. The addition to the existing building, will be designed to continue the shape and scale of the building and will be constructed of materials and colours which will complement the existing building. Small additions are also proposed along the south-eastern side of the subject building including a new pedestrian ramp providing an improved frontage to Paris Creek Road. FORM OF DEVELOPMENT The proposed development is considered to be a reasonable expansion of an existing lawful land use. Although an Agricultural Industry is listed as being a non-complying form of development within the Primary Production Zone unless all of the listed exemptions are met, as the total floor area is in excess of 250m2, the existing agricultural industry and proposed additions do not comply with these exemptions and are therefore considered to be non-complying.

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However, pursuant to legal precedence commonly known as the “Mercedes College Principle” and more recently defined by subsequent precedence (ie: Caltex Australia Petroleum Pty Ltd v City of Holdfast Bay -2014 and Christadelphian Bible Camp Inc v The Barossa Council - 2015), the proposed development is considered to be a reasonable expansion (as it does not change the land use or significantly intensify production) of an existing non-complying land use in which it has been assessed as a “consent on merit” form of development BACKGROUND Previous applications

Development Application Nature of Development Decision

771/269/95 Office & Studio Unknown

455/593/99 Dairy Processing Factory Approved

455/54/04 Dwelling Addition Approved

455/740/05 Commercial Addition Approved – Stage 1 only

455/276/07 Retaining Wall Approved

455/395/07 Shed - Storage Approved

455/930/13 Demolition of wall Approved

455/77/14 Solar Panels Approved

455/D031/15 Land Division – Boundary Realignment Being assessed concurrently with this DA

As evidenced by Development Approvals above (455/593/99 and 455/740/05), the existing agricultural industry is considered to be lawful. SUBJECT SITE AND LOCALITY

The subject site, which incorporates the existing agricultural industry and associated grazing comprises three existing allotments located on both the northern and southern sides of Paris Creek Road and has a combined total area of approximately 23.83 hectares.

The allotment located on the northern side of Paris Creek Road (CT Ref Vol: 5416 Folio: 922) is triangular in shape and contains the existing agricultural industry. This facility is located on the low portion of the subject allotment adjacent Paris Creek Road and has a landscaped area at the front between the building and the road with an existing informal car park located on the north-western side of the allotment. There is an existing watercourse dissecting this allotment which is located behind the agricultural industry building.

The two adjoining parcels of land located within the subject site are located on the southern side of Paris Creek Road and located on this land, opposite the agricultural industry are an existing detached dwelling and associated outbuildings. The remainder of this land is used for grazing of livestock.

The locality is generally characterised as being rural in nature, comprising large rural allotments used for a variety of agricultural practices with areas of remnant native vegetation located particularly along the banks of the existing watercourse. The topography of the land within the locality, including the subject site, is very undulating consisting of hills and gullies.

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SUBJECT SITE AND LOCALITY MAP

PUBLIC NOTIFICATION CATEGORY Although the proposed development involves an expansion of an existing land use, given the fact that it is a commercial / industrial development within a Primary Production Zone, it has been the subject of category 3 public notification.

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PUBLIC NOTIFICATION MAP

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PUBLIC NOTIFICATION (REPRESENTATION) MAP

REPRESENTATIONS RECEIVED

Category of Notification: Category 3 29 October 2015 to 12 November 2015

Letters to adjoining land owners Public Notices: The Times Southern Argus

Representations received Support / Opposed Wish to be heard

GP McKinnon & L Thomas, 99 Blake Road, Paris Creek

Opposed Yes

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Summary of Representations received Summary of Applicants response to Representations received

Existing odour from the subject site resulting from a lack of suitable waste management system. This issue could be overcome if waste management systems are updated and the creek line protected.

It is respectfully difficult to see how any weight can be placed on the representation given it does not relate to the proposed application. The applicant has now obtained approval for an improved waste control system (WCS 455/564/15) for human waste on the northern side of Paris Creek Road, away from the watercourse to current Environmental Health Act requirements. The on-going treatment and re-use of factory waste has also received recent approvals from the EPA meeting current environmental practices to assist in alleviating any existing odour issues.

It is noted that two other representations were received during the public notification period. However, both of these representations were subsequently withdrawn as they were satisfied with the applicants response to their concerns with the waste management systems. REFERRALS – STATUTORY

Agency Comment

DPTI Advice type: Regard

Pursuant to Section 37 (4)(b)(ii) of the Development Act 1993 and Schedule 8 (3) (a) of the Development Regulations 2008, the Application was referred to the Department of Planning Transport and Infrastructure (DPTI). Recommendation: Approval with conditions Access It is DPTI policy to minimise the number of access points on the arterial road network in the interests of road safety. The application proposes the continued use of three access points servicing the site. Two of these serve the existing dairy factory. The north-western access will cate for ingress and egress movements and the south-eastern access will cater for ingress only access. The third access is an access track serves agricultural land to the rear of the factory. This access and track are being modified to facilitate the subject development. Council should ensure that the Paris Creek Road access points can meet the Safe Intersection Sight Distance (SISD) requirements shown in the Austroads ‘Guide to Road Design, Part 4A – 181 metres for a 80 km/h speed Zone. Whilst this appears to be achievable, it may require some vegetation trimming or removal. It is noted the northern access will be widened and that some shoulder

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sealing has already been undertaken at the access points. However, it appears that some drag out of materials does occur at the access points and that the southern access could benefit from some additional flaring. Accordingly, it is recommended that the seal at the existing access points be extended as follows:

From the road edge to at a point 10m from the edgeline at the southern access;

From the road edge to a point 19m from the edgeline at the northern access.

This will minimise the risk of dust and debris being thrown onto the carriageway and maximise traction for vehicles exiting the site. All associated costs will be borne by the applicant. It is also DPTI policy that vehicles should enter and exit arterial roads in a forward direction. It appears sufficient area is available for a 19.0 metre semi to conveniently manoeuvre on site and enter and exit the site in a forward direction. Car parking Council should ensure that the proposed development provides sufficient on-site car parking designed in accordance with ANZ/NZS 2890.1:2004 and AS/NZS 2890.6:2009 and that any facilities for commercial vehicles conform with SA/NZS 2890.2:2002. CONCLUSION DPTI does not object in-principle to the proposed development, subject to the following conditions. ADVICE The planning authority is advised to attach the following conditions to any approval:

1. The Paris Creek Road access point shall be located to maximise driver sightlines and ideally shall meet the Safe Intersection Site Distance (SISD) requirements shown in the Austroads ‘Guide to Road Design, Part 4A’. Vegetation trimming and removal shall be undertaken where necessary to achieve the necessary sight lines.

2. The largest vehicle permitted to use the site shall be a 19.0 metre semi-trailer.

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3. The access points to the dairy factory shall be appropriately flared and sealed in bitumen. All costs shall be borne by the applicant. The sealing shall extend:

from the road edge to a point 10m from the edgeline at the south-eastern access;

from the road edge to a point 19m from the edgeline at the north-western access.

4. The diverted access track access point shall meet the road at 90 degrees, be designed in accordance with Figure 7.2 of Austroads Guide to Design Part 4 and sealed in spray seal from the edge of road to the property boundary. All costs shall be borne by the applicant.

5. All modifications to and sealing of access points shall be completed prior to the expansion becoming operational.

6. All vehicles shall enter and exit the site in a forward direction

7. Appropriate signage and/or line marking shall be provided to

reinforce the desired traffic flow through the site. In particular, signage shall be installed at the south-eastern access to prohibit egress movements.

8. Any signage upon the site shall be non-illuminated and any

non-illuminated signage shall be finished in a material of low reflectivity to minimise the risk of sun and headlamp glare for motorists.

9. The utilisation of Trailer Mounted Variable Message Displays for

advertising purposes shall not be permitted on or adjacent to the subject land.

10. Any stormwater run-off shall be collected on-site and disposed

of without jeopardising the safety of the adjacent section of Paris Creek Road. Any alterations to the existing road drainage infrastructure as a result of this development shall be at the expense of the applicant.

EPA Advice type: Direction

Pursuant to Section 37 (4)(b)(ii) of the Development Act 1993 and Schedule 8, 11 (Schedule 22, 6, 5) of the Development Regulations 2008, the Application was referred to the EPA Recommendation: Approval with conditions CONSIDERATION Advice in this letter includes consideration of the location with respect to existing land uses and is aimed at protecting the environment and avoiding potential adverse impacts upon the locality.

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ENVIRONMENTAL ISSUES Air Quality Although few complaints have been received in the past few years, given the risk of complaints at this site regarding odour from irrigation, measures must be taken to ensure off-site odour is minimised. A number of proposed actions regarding whey and solids removal, irrigation tanks and effluent odour control and irrigation management are proposed in the WIMP prepared by Australian Water Environments (November 2015). This is acceptable to the EPA. Given there is not an anticipated change in wastewater volume generated or production capacity, odour impacts from the irrigation of wastewater are likely to remain similar to existing conditions. There may be some reduction in wastewater odour if proposed cleaner production measures are implemented, particularly those that involve preventing solids and product from entering the wastewater stream. A condition requiring the implementation of these cleaner production measures is directed below Waste Management Whey is currently collected in a designated milk tank which is picked up by a farmer for use as pig feed. The farmer collects the material when it is available. This is acceptable to the EPA, however, the applicant is reminded to ensure whey and waste products from the processing of milk are collected at a frequency such as to minimise any off-site odour. A note has been provided below. Water Quality Following a site inspection on 18 August 2015 an estimation of the volume of wastewater generated per day was provided to the EPA. Since then, to inform this application, more accurate measurement of wastewater volume was undertaken to determine an average daily wastewater volume of 53kL per day during peak season. The WIMP prepared by Australian Water Environments (November 2015) states that approximately 50,000L of wastewater would be generated during peak operations and 35,000l per day during off-season. Volumes of 55,000 L per day during peak season and 40,000L per day during off-season were used as conservative values in the water balances provided. This equates to an estimated annual wastewater volume of 17,370 kilolitres and is acceptable to the EPA. Given that there is no proposed, increase in wastewater generated as part of the application, ongoing irrigation of wastewater would be managed through the EPA Licence. Wastewater irrigation must be managed to prevent any pooling or run off, and wastewater must not reach the watercourse on any of the allotments.

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The WIMP recognises an increased risk of run off during winter and therefore irrigation areas are adapted during summer and winter to minimise the risk of run-off. Approximately 10 ha is available for irrigation during the dry season and 10ha available during the wet season. Given that slope in the area is greater than 20% a separation distance of 50 to 100 metres to any watercourse must be applied to reduce the risk of contamination by run-off. A 50 metre separation distance from the watercourse has been considered in the application. Application rates are not unreasonable, however ongoing monitoring of wastewater and the irrigated site would likely be required through the EPA Licence Wastewater Quality The EPA advocates wastewater as a nutrient-loaded resource that, with suitable treatment, can be a valuable asset to the company. However, wastewater reuse requires a sophisticated level of understanding of soil, wastewater and crop dynamics, and a commitment to various levels of ongoing monitoring and assessment. Limited information on the characteristic of wastewater information has been provided, however the wastewater quality information should be indicative and is generally consistent with the general characteristics expected for dairy processing wastewater. Total Kjeldahl Nitrogen and chloride concentrations are higher than the range expected from dairy processing wastewater, however these can vary at different times throughout the year. Given the variability of the quality of wastewater throughout the year, the wastewater stream should be monitored more frequently to obtain a better understanding of wastewater quality and therefore potential environmental impacts and any future requirements for wastewater management. This may be required outside of this assessment process and dealt with through the existing EPA Licence. CONCLUSION There is an inherent risk of contamination to water resources and air pollution from milk processing facilities and care must be taken to ensure ongoing management of the site is undertaken in an environmentally sensitive manner. Provided the following conditions are included with any subsequent approval, the EPA considers that the potential for air quality or water quality impacts are low. DIRECTION The planning authority is directed to attach the following conditions to any approval:

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1.The following actions must be implemented as soon as practicable to meet the proposed completion timeframes and minimise odour generation and impact from wastewater irrigation as per page 1B of the WIMP prepared by Australian Water Environments (November 2015):

i. provide a suitable storage and transfer facility for solids removal prior to irrigation tank by the end of March 2016

ii. investigate treatment/dewatering of whey and solids for possible reuse/stockfeed

iii. clean out existing 500 kilolitre irrigation storage tank and existing unused 100 kilolitre tank to provide additional capacity by the end of January 2016

iv. install the ‘PODZ’ odour scrubbing system to the existing irrigation tank (future control measure, with implementation dependent on the success of current actions by the end of January 2016).

v. Monitor soil moisture and runoff and investigate diversion swales (ongoing).

2. The following actions listed under Section 5.5 on page 17 of the WIMP prepared by Australian Water Environments (November 2015) must be implemented as soon as practicable to reduce the risk of off-site odour impacts to sensitive receivers:

i. Restrict milk solids and whey from entering the drain system,

with all solids to be collected and removed from the site as soon as practicable

ii. Design and fabricate the transfer pipeline and pipework to remove whey and solids from the production area

iii. Install a 500 Litre collection tank and pump in the production area

iv. Setup a new dedicated 24 kilolitre whey storage tank v. prepare new Standard Operating Procedures and undertake

training for staff in regard to whey solids removal and disposal.

3. Any wastewater or liquid waste storage tanks must be bunded in accordance with the EPA Guidelines for Bunding and Spill Management (2012) such that the area has net capacity of at least 120% of the capacity of the largest vessel within the bunded area, and must take into consideration the capacity displaced by any other tanks and foundations within the same bunded area. http: / /www. epa.sa. gov au /files/ 47717_ guide_bunding.pdf The following notes provide important information for the benefit of the applicant and are requested to be included in any approval:

The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practicable measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm.

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A licence may be refused where the applicant has failed to comply with any conditions of development approval imposed at the direction of the Environment Protection Authority.

The EPA would likely update licence conditions to ensure the information provided in this development application is reflected in the [licence. This may include (but not be limited to) provision of an updated Wastewater irrigation Management Plan (WIMP). This would enable the ongoing commitments to effectivity manage wastewater to be controlled via the EP licence

The applicant is reminded to ensure that whey and waste products from the processing of milk are collected and removed from site at a frequency such as to minimise any offsite odour.

EPA information sheets, guidelines documents, codes of practice, technical bulletins etc can be accessed on the following web site: htp://www.epa.sa.gov.au

REFERRALS – INTERNAL

Department/Division Comment

Infrastructure No concerns. Council’s Infrastructure engineer has advised that the access and proposed car park are acceptable and are likely to meet relevant Australian Standards.

Health, Environment & Community Safety

No concerns. A Waste Control System Application has been lodged and Approved for the human waste element of the proposal.

Alexandrina Council


ASSESSMENT The Application was lodged with Council on 6 July 2015 and as such has been assessed against the relevant provisions contained within the Alexandrina Council Development Plan consolidated 7 May 2015.

Relevant Objectives and Principles of Development Control (PDC)

Development Plan reference Assessment

Zoning and Land Use General Section Industrial Development Objective: 1, 2, 4. Orderly and Sustainable Development Objective: 1, 4. PDC: 2, 3, 5. Primary Production Zone Objective: 1, 2, 6. OPDC: 1, 2, 3. Mount Lofty Ranges Policy Area 9 Objective: 1, 3. PDC: 1.

The proposed development will help the existing agricultural industry to remain viable into the future. Although industrial in nature, the proposed development is still considered to generally comply with the relevant Objectives and Principles of Development Control for the Primary Production Zone, as it is a form of development which supports, maintains and is associated with dairy farming within the locality (Objective 1, 2 and PDC 1). Within the Mount Lofty Range Policy Area 9, it is noted that small scale agricultural industries are considered to be acceptable by virtue of the fact that they are listed as being a ‘consent on merit’ form of development if they meet specific criteria. The existing land use, although non-complying by virtue of its size (floor area) when assessed against current Development Plan provisions, is an existing lawful land use and the proposed development is considered to be a reasonable expansion of this use by virtue of the fact that it will improve production practices and help the business to remain competitive and viable.

Amenity and Impact upon Adjoining Land Uses General Section Animal Keeping PDC: 9, 10. Design and Appearance Objective: 1, 2. PDC: 3, 5, 7, 9, 11, 12, 14, 15, 17, 19. Industrial Development Objective: 4. PDC: 4, 5, 6, 8, 11, 12.

It is acknowledged that the existing and proposed development will have some impact on the amenity currently enjoyed by residents in the surrounding locality. The relevant provisions relating to interface between land uses acknowledge that some conflict between land uses and impacts on amenity is anticipated, however the test whether these conflicts and impacts are considered to be at variance with these provisions, is whether these impacts are considered to be “adverse” or “detrimental” to the amenity of the locality. In this instance, the fact that the proposed development is a reasonable expansion of an existing land use, which will improve production practices significantly and introduce more efficient waste management practices, the impact on the existing amenity will likely be reduced or appropriately managed, particularly, odour which is an issue raised by the representor.

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Interface between Land Uses Objective: 1, 2, 3. PDC: 1, 2, 5, 7, 11, 13, 16. Orderly and Sustainable Development Objective: 3. PDC: 1. Siting and Visibility Objective: 1. PDC: 1, 2, 3, 4, 5. Primary Production Zone Objective: 1, 4, 6. PDC: 3.

A new Waste Control System and compliance with the Wastewater Irrigation Management Plan WIMP will help to minimise impacts on the surrounding locality. The design and location of the proposed additions is considered to be appropriate as it is of a bulk, scale and design which will blend suitably with the existing building. The additions have been designed to complement the existing built form and its location on the low side of Paris Creek Road will help to reduce its visual obtrusiveness.

Environmental Impact General Section Animal Keeping PDC: 9, 10. Industrial Development Objective: 4. PDC: 7, 11. Natural Resources Objective: 2, 6. PDC: 1, 2, 3, 4, 6, 7. Waste Objective: 1, 2. PDC: 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14. Primary Production Zone PDC: 3.

As evidence by the approved Waste Control System and favourable referral response from the EPA, it is considered that the proposed development has been designed and will operate with minimal impact on the natural environment. Given the fact that the proposed development will not intensify production, it will not result in an increase in wastewater generated by the activities undertaken beyond existing levels. The Applicants have prepared a Wastewater Irrigation Management Plan (WIMP) which addresses the issues of air quality (odour), waste management, water quality and wastewater quality. This WIMP has been endorsed by the EPA and specifically referenced in their directed conditions of approval. Given this the applicants will be required to comply with the WIMP and EPA conditions of approval. As a result, the environmental impact resulting from the proposed development is considered to be acceptable and will be able to be appropriately managed.

Access and Car Parking General Section Industrial Development Objective: 1. PDC: 3, 12.

The existing and proposed access points from Paris Creek Road onto the subject site is considered to be acceptable as evidenced by the support from DPTI. It is considered that these access points will be of sufficient standard (including appropriate sight lines) to enable the safe and efficient access and egress of vehicles form the subject site.

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Orderly and Sustainable Development PDC: 8. Siting and Visibility PDC: 7 Transportation and Access Objective: 2 PDC: 1, 8, 12, 13, 14, 23, 24, 26, 29, 32, 33, 34, 38, 40.

There are sufficient areas within the subject site to allow for the appropriate manoeuvring of large vehicles (semi-trailers) allowing them to enter and exit the subject site in a forward direction. In reference to Table Alex/2 (Off Street Vehicle Parking Requirements) from the Alexandrina Council Development Plan, although there are no specific requirements for dairies and related industries, an assessment of the existing and proposed development against the requirements for industry has revealed that there is a shortfall of approximately 5 car parking spaces. This shortfall is considered to be minor given the conservative nature of Table Alex/2 and the fact that the applicants have provided information relating to the compacted gravel area at the rear of the truck manoeuvring area being available for any overflow vehicles. As a result, the proposed car park, which caters for 45 vehicles is considered to be appropriate for the existing and proposed land use and generally complies with the relevant Australian Standards and Development Plan provisions.

Hazards General Section Hazards Objective: 1, 2, 4, 5, 6, 7. PDC: 1, 3, 4, 24, 25.

Given the fact that the proposed development is a reasonable expansion of an existing use and will incorporate an addition to an existing building, it is considered to be acceptable in that it is not located within an area which is prone to flooding. It is noted that the subject site is located within an area of high bushfire risk pursuant to BPA Map Alex/2 from the Alexandrina Development Plan. However, as the corresponding bushfire provisions generally only relate to habitable buildings it is considered that the proposed development complies with these relevant guidelines.

CONCLUSION The proposed development involves the reasonable expansion of an existing agricultural industry which has been supporting the local dairy industry for a considerable time. The additions will enable the business to operate in a more efficient manner by allowing them to incorporate more efficient production techniques. Given this, and the fact that the proposed development is considered to generally comply with the Alexandrina Development Plan, the subject development application warrants the granting of Development Plan Consent.

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RECOMMENDATION That the Development Assessment Panel resolves: That the proposed development is not considered to be seriously at variance with the Alexandrina Council Development Plan consolidated 7 May 2015. That Development Plan Consent is GRANTED to application 455/564/15 for Expansion of Existing Agricultural Industry including Car Parking at No 362 (Lot 2) Paris Creek Road, Paris Creek in accordance with the plans and documentation submitted with the application and subject to the follow conditions: Council Conditions 1. The development here in approved shall be undertaken and maintained in

accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council, except where varied by the following conditions.

Reason: To ensure the development is undertaken in accordance with the approved plans, drawings, specifications and other documents submitted.

2. The external appearance, materials and finishes of the new structure/building must

match, compliment or blend with the principal building as near as practical and be of a non reflective finish.

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

3. Where cut and/or fill in excess of 300mm is required as a result of the proposed

development, retaining walls or other suitable soil retention devices shall be employed.

Reason: To ensure that excavations and filled land is stable and will not result in any adverse impact on adjoining properties.

4. Temporary debris and sediment control measures must be installed to ensure

debris, soil, soil sediments, and litter are maintained within the construction site. Debris, soil, soil sediments, and litter from the construction site must not enter Council's drainage system, Council's road network, or neighbouring properties.

NOTE: Pollution prevention measures must be in accordance with the Environmental Protection Authority's 'Storm water Pollution Prevention Codes of Practice'; 'For the Community 'For Local, State and Federal Government 'For the Building and Construction Industry

Reason: To inform owners, developers, builders etc of their obligation in regard to the environment and to the appropriate measures of storm water disposal from building sites.

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5. The applicant or other approved persons for the time being making use of the subject land now approved, shall at all times maintain in good and substantial condition to the reasonable satisfaction of the Council in all respects the subject land (including car parking areas, driveways and footpaths) all buildings and structures (and the external painting thereof), and all tree and shrub plantings and grassed areas.

Reason: To maintain the amenity of the locality.

6. The use and any associated processes or activities carried on shall not

detrimentally affect the amenity of the locality by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

Reason: To maintain the amenity of the locality.

7. No signs are to be erected or displayed on the building or about the curtilage of the

property without the written consent of Council.

Reason: To restrict the proliferation of advertisements on site. 8. All car parking areas, driveways and vehicle manoeuvring areas shown on the

approved plans shall conform to Australian Standards and be constructed, drained in accordance with sound engineering practice and be of a porous and permeable nature to the reasonable satisfaction of Council, and car parking bays shall be permanently delineated prior to the occupation or use of the development herein approved to the reasonable satisfaction of Council.

Reason: To ensure that the proposed development meets the requirements of the relevant Australian Standards.

9. The driveway and parking areas shall be maintained in a good and substantial

condition to the reasonable satisfaction of Council at all times.

Reason: To ensure that access to the subject land is functional and to enhance the appearance of the development.

10. A sign(s) to the reasonable satisfaction of Council, must be provided directing

drivers to the area set aside for car parking and must be located and maintained to the reasonable satisfaction of Council. The sign must not exceed 0.3 square metres in area.

Reason: To ensure that visitors to the site are made aware of available off-street car parking areas thereby reducing vehicular congestion on adjoining public roads.

11. All mechanical plant installed as part of this development should meet the noise

output requirements of the Environment Protection Authority (EPA). If the noise output exceeds these requirements, an acoustic enclosure shall be installed around the plant to ensure it complies, if an enclosure is required, these details shall be submitted to the satisfaction of Council.

Reason: To ensure the proposed development meets the requirements of the EPA.

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12. All storm water drainage shall discharge so that it does not flow or discharge onto

land of adjoining owners or, in the opinion of Council, detrimentally affect structures on this site or any adjoining land.

Reason: To ensure storm water is disposed of in a controlled manner.

13. External lighting and security lighting shall be directed in such a manner so as to

not, in the opinion of Council, create unreasonable overspill onto any adjoining property or roadway which may create a nuisance to any neighbour or road user.

Reason: To ensure that floodlighting does not cause nuisance or danger to adjoining occupiers or road users thereby reducing the amenity of the locality and/or making road use unsafe.

Council Notes 1. A wall retaining a difference in ground levels of more than 1 metre requires

Development Approval. 2. All manufacturing facilities must comply with the requirements of the Food Act 2001,

Food Regulations 2002 and the Food Safety Standards, and all relevant Environmental Health permits shall be obtained prior to occupation herein approved.

3. If there is an intention to clear native vegetation on the land at any time, the

applicant should consult the Native Vegetation Council to determine relevant requirements under the Native Vegetation Act 1991 and its Regulations. Note that 'clearance' means any activity that could cause any substantial damage to native plants, including cutting down and removing plants, burning, poisoning, slashing of understorey, removal or trimming of branches, severing roots, drainage and reclamation of wetlands, and in some circumstances grazing by animals. For further information contact the Native Vegetation Council on telephone 8303 9741 or visit: http://www.nvc.sa.gov.au.

4. Allotment boundaries will not be certified by Council staff. The onus of ensuring that

the building is sited in the approved position on the current allotment is the responsibility of the owner. This may necessitate a survey being carried out by a licensed land surveyor.

5. In addition to the provisions of the Building Code of Australia relating to access for

people with disabilities, you must comply with the Commonwealth Disability Discrimination Act, 1992. Compliance with the Act is the responsibility of the property owner.

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6. It is the responsibility of the applicant and owner of the subject land to ensure that no development is undertaken over or within the prescribed setback distance of any component of a waste water management system including (but not limited to) a septic tank, an aerobic treatment tank, a soakage area or an irrigation area.

Council will not be responsible for any damage to property or costs of repair resulting from any development that is undertaken contrary to the above.

Development not in accordance with this requirement may result in a maintenance order being issued requiring the removal or relocation of the development. Penalties may apply for non-compliance.

In the event that development is undertaken contrary to the above, it is the responsibility of the owner to advise any future purchaser, occupier or land agent of such a non-compliance and the risks outlined in this note.

7. The applicant is advised to contact the individual service providers regarding the

location of street lighting, electricity supply and storm water drainage pits. It is the responsibility of the applicant/owner to ensure that the location of the vehicle crossover and driveway does not conflict with the services. Should the need arise to relocate any infrastructure or services all costs and charges associated with the works shall be at the applicant/owners expense.

8. Building Site Management

Upon granting of Development Approval, any person undertaking the development shall be required to conform to the following guidelines: Construction Hours: That construction shall take place between 7am and 7pm Monday to Saturday and between 9am and 6pm on Sundays and public holidays. All such work shall be undertaken in such a manner so as not to cause any nuisance or annoyance to any of the occupiers of buildings within the locality. Dust Emissions: That dust emissions from the site shall be controlled by a dust suppressant or by watering regularly. Waste Receptacle: That the builder shall at all times provide and maintain a waste receptacle on the site for the storage of builder's waste. This receptacle shall be located on site for the duration of the construction period and be emptied as required. Storm water Runoff: That all runoff and storm water from the subject site during the construction period must be either contained on site or directed through a temporary sediment trap, prior to discharge to the storm water system. Hard Waste Litter Storage: That all hard building materials be stored in a manner that secures it on site during the construction works.

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Site Security: That the site shall be secured at all times to prevent unauthorised access and that adjoining properties are secure at all times during the period of construction works where fences have been removed. Public Realm: That any work in the public realm requiring street occupation or hoardings requires Council consent, which must be granted prior to the commencement of the construction works.

9. Damage to Council's Footpath/Kerbing/Road Pavement/Verge: Section 779 of the

Local Government Act provides that where damage to Council footpath/kerbing/road pavement/verge occurs as a result of the construction, the owner/Applicant shall be responsible for the cost of Council repairing the damage.

10. The applicant /owner is advised that should a new crossover (access point) be

constructed that approval will need to be obtained from Council's Engineering Department and that the construction of the crossover be constructed to Australian Standards at the owners expense. It is also noted that Council will not allow the removal of any street trees.

Any portion of Council's infrastructure damaged as a result of work undertaken must be repaired/reinstated to Council's satisfaction at the developer's expense.

Department of Planning, Transport and Infrastructure Conditions 1. The Paris Creek Road access point shall be located to maximise driver sightlines

and ideally shall meet the Safe Intersection Site Distance (SISD) requirements shown in the Austroads ‘Guide to Road Design, Part 4A’. Vegetation trimming and removal shall be undertaken where necessary to achieve the necessary sight lines.

2. The largest vehicle permitted to use the site shall be a 19.0 metre semi-trailer. 3. The access points to the dairy factory shall be appropriately flared and sealed in

bitumen. All costs shall be borne by the applicant. The sealing shall extend: from the road edge to a point 10m from the edgeline at the south-eastern access; from the road edge to a point 19m from the edgeline at the north-western access. 4. The diverted access track access point shall meet the road at 90 degrees, be

designed in accordance with Figure 7.2 of Austroads Guide to Design Part 4 and sealed in spray seal from the edge of road to the property boundary. All costs shall be borne by the applicant.

5. All modifications to and sealing of access points shall be completed prior to the

expansion becoming operational. 6. All vehicles shall enter and exit the site in a forward direction.

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7. Appropriate signage and/or line marking shall be provided to reinforce the desired traffic flow through the site. In particular, signage shall be installed at the south-eastern access to prohibit egress movements.

8. Any signage upon the site shall be non-illuminated and any non-illuminated signage

shall be finished in a material of low reflectivity to minimise the risk of sun and headlamp glare for motorists.

9. The utilisation of Trailer Mounted Variable Message Displays for advertising

purposes shall not be permitted on or adjacent to the subject land. 10. Any stormwater run-off shall be collected on-site and disposed of without

jeopardising the safety of the adjacent section of Paris Creek Road. Any alterations to the existing road drainage infrastructure as a result of this development shall be at the expense of the applicant.

Environment Protection Authority Conditions 1. The following actions must be implemented as soon as practicable to meet the

proposed completion timeframes and minimise odour generation and impact from wastewater irrigation as per page 1B of the WIMP prepared by Australian Water Environments (November 2015):

vi. provide a suitable storage and transfer facility for solids removal prior to

irrigation tank by the end of March 2016; vii. investigate treatment/dewatering of whey and solids for possible

reuse/stockfeed; viii. clean out existing 500 kilolitre irrigation storage tank and existing unused 100

kilolitre tank to provide additional capacity by the end of January 2016; ix. install the 'PODZ' odour scrubbing system to the existing irrigation tank

(future control measure, with implementation dependent on the success of current actions by the end of January 2016);

x. monitor soil moisture and runoff and investigate Diversion swales (ongoing). 2. The following actions listed under Section 5.5 on page 17 of the WIMP

prepared by Australian Water Environments (November 2015) must be implemented as soon as practicable to reduce the risk of off-site odour impacts to sensitive receivers:

vi. restrict milk solids and whey from entering the drain system, with all solids to

be collected and removed from the site as soon as practicable; vii. design and fabricate the transfer pipeline and pipework to remove whey and

solids from the production area; viii. install a 500 Litre collection tank and pump in the production area; ix. setup a new dedicated 24 kilolitre whey storage tank; x. prepare new Standard Operating Procedures and undertake training for staff

in regard to whey solids removal and disposal.

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3. Any wastewater or liquid waste storage tanks must be bunded in accordance with the EPA Guidelines for Bunding and Spill Management (2012) such that the area has net capacity of at least 120% of the capacity of the largest vessel within the bunded area, and must take into consideration the capacity displaced by any other tanks and foundations within the same bunded area. http: / /www. epa.sa. gov au /files/ 47717_ guide_bunding.pdf

Environment Protection Authority Notes 1. The applicant is reminded of its general environmental duty, as required by Section

25 of the Environment Protection Act, to take all reasonable and practicable measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm.

2. A licence may be refused where the applicant has failed to comply with any

conditions of development approval imposed at the direction of the Environment Protection Authority.

3. The EPA would likely update licence conditions to ensure the information provided

in this development application is reflected in the licence. This may include (but not be limited to) provision of an updated Wastewater Irrigation Management Plan (WIMP). This would enable the ongoing commitments to effectively manage wastewater to be controlled via the EP licence.

4. The applicant is reminded to ensure that whey and waste products from the

processing of milk are collected and removed from site at a frequency such as to minimise any offsite odour.

5. EPA information sheets, guidelines documents, codes of practice, technical

bulletins etc can be accessed on the following web site: htp://www.epa.sa.gov.au

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ITEM 6. DEVELOPMENT APPLICATIONS - LAND DIVISION / COMMUNITY TITLE

Nil

ITEM 7. MATTERS REFERRED FOR FOLLOW-UP

Nil

ITEM 8. GENERAL ITEMS FOR DISCUSSION

Nil

ITEM 9. NEXT MEETING

Next meeting scheduled for Thursday 18 February 2016 commencing at 11.00am.

Documents

NOTICE OF MEETING Development Assessment Panel · PDF file · 2016-01-13Assessment Report Attachment 1: Plans and supporting ... The Development Application involves an expansion