NOTICE OF MEETING - robe.sa.gov.au 19 JULY... · plan kitchen, living and dining area, pantry, playroom, bathroom, laundry, toilet, store, verandah and deck. The dwelling will have

NOTICE OF MEETING Notice is hereby given that the Development Assessment Panel meeting will be held in the Council Chambers, Smillie Street, Robe on Tuesday, 19 July 2016 at 4.00pm

Roger Sweetman CHIEF EXECUTIVE

DISTRIBUTION LIST Panel Members Mr John Petch (Presiding Member) Mr David Chapman Ms Margaret Trotter Mr Tim Rogers Elected Members Cr Peter Riseley Cr Lawrence Polomka Cr David Loxton Staff Mr Roger Sweetman (Public Officer) Mrs Michelle Gibbs (Development Officer/Minute Taker)

District Council of Robe - 3.14.1 DAP Agenda 19 July 2016 1

District Council of Robe

DEVELOPMENT ASSESSMENT PANEL

AGENDA

1. WELCOME 2. PRESENT 3. APOLOGY 4. CONFIRMATION OF MINUTES

Moved that the Minutes of the Development Assessment Panel Meeting held on 21 June, 2016 as circulated are confirmed as an accurate record of the proceedings of the meeting. Seconded

5. BUSINESS ARISING FROM MINUTES

6. CONFLICT OF INTEREST 7. LIST OF DEVELOPMENT APPROVALS (1.6.16 to 30.6.16)

DA No. Applicant Owner Description Location

822/015/16 Matthews General Construction

AD Brooks Enclosed existing carport into Kitchen/Dining Room

73 Davenport Street

822/018/16 Bildit Industries RJ Adams Outbuilding in association with a dwelling

29 Kingston Road

822/030/16 Robe Football Club

District Council of Robe

Verandah and entrance to Football Clubrooms

18-20 O’Halloran Street

822/042/16 AG Thomas RJ D’Costa Rear Verandah 34 Laurel Terrace 822/043/16 AG Thomas NH Thomas shed 1 Evans Cave Road 822/044/16 Integrity New

Homes AJ Bermingham Industrial shed 5 Denton Drive

822/047/16 AG Thomas BJ Nunan 17 Lakeside Terrace Rear verandah and deck

822/048/16 District Council of Robe

Minister for Transport

Lake Butler, Lipson Terrace

Demolition of fishermens wharf and construct new

822/049/16 L Semple Adventurous Spoon

Free standing business signs

42 Victoria Street

Total estimated value of development cost = $336,507

Recommendation: That the list of Development Approvals be noted.


8 DEVELOPMENT APPLICATIONS 8.1 Application No. 822/055/16 Applicant/Owner: Anthony Moore Subject Land 4 Nora Creina Road, Robe Proposal Two storey detached dwelling and conversion of existing

dwelling into amenities building to be used in association with the existing tourist park

Zone: Conservation Zone, Bushlands Tourist Accommodation Policy Area

9. ERD COURT APPEAL

David Stanhope, 822/D007/15 – 12 McFarlane Street – amended proposal

10. PUBLIC OFFICER’S INFORMATION REPORT


12 July 2016 Ref. 6651 DAP report

The Chief Executive Officer District Council of Robe PO Box 1 ROBE, SA 5276 ATTENTION: Ms. Michelle Gibbs Dear Michelle, RE: PROPOSED TWO STOREY DWELLING AND AT 4 NORA CREINA ROAD, ROBE

DA: 822/055/16 As instructed, the following is a general planning assessment of the abovementioned development application. In preparing this report I have reviewed the council file and familiarised myself with the relevant provisions of Council’s Development Plan and the subject land and locality. 1.0 DEVELOPMENT DETAILS Proposed Development: Two storey detached dwelling and conversion of

existing dwelling into amenities building to be used in associated with the existing tourist park.

Development Application Number: 822/055/16 Applicant/Owner: Anthony Moore 4 Nora Creina Road ROBE SA 5271 Property Address: 4 Nora Creina Road, Robe Certificate of Title: Volume 5829 Folio 832 Land Use: Tourist Park Zone: Conservation Zone

Bushlands Tourist Accommodation Policy Area 2

Public Notification: Category 1(Merit) Application Lodged: 6 July 2016 Authorised Development Plan: Robe (DC), Consolidated 28 August 2014 District Council of Robe - 3.14.1 DAP Agenda 19 July 2016 4

Michelle

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8.1 Anthony Moore

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Michelle

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2.0 SUBJECT LAND AND LOCALITY The subject land is an irregular shaped allotment comprising an area of 11.8 hectares located with the Conservation Zone to the east of Lake Fellmongery. The land is sited to the south east of the Nora Creina Road and provides an extensive frontage to this road. Access to the land is provided from Nora Creina Road via a driveway over the adjoining Crown land to the west. A secondary access point is provided from Nora Creina Road further east along the road frontage. The subject site contains the Robe Holiday Park which comprises a number of cabins, camping and caravan sites, amenities buildings, a dwelling and storage buildings located within the eastern portion of the land. The balance of the land is extensively covered in native vegetation and a swamp is located within the south eastern portion of the property. The adjoining land is located within either the Conservation or Open Space zones and is principally underdeveloped and covered in native vegetation. The subject land and locality is further depicted below in figures 1 and 2.

Figure 1: Zone and Heritage Map Ro/4 Source: District Council of Robe Development Plan

Subject Land


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Figure 2: Subject site and locality Source: Google Earth

3.0 PROPOSED DEVELOPMENT The proposed development seeks to construct a two storey detached dwelling on the subject land. The proposed dwelling will replace the existing dwelling on the site which is to be converted into an amenities building to service the existing tourist park. The proposed dwelling is to be sited towards the northern boundary of the property and will be setback 37.9 metres from Nora Creina Road and 163.5 metres from the western allotment boundary (refer to figure 2 above). The dwelling will be located within a relatively cleared area of the site which was previously used as a quarry. The ground floor of the dwelling will contain the entry, double garage, cellar and storage area, whilst the upper floor will contain 5 bedrooms, one with walk-in-robe and ensuite, open plan kitchen, living and dining area, pantry, playroom, bathroom, laundry, toilet, store, verandah and deck. The dwelling will have a total floor area of 384.5 square metres and comprises a height of between 5 metres and 8 metres above natural ground level. The dwelling will comprise the following materials:

Roofing and Garage Door: Colorbond ‘Woodland Grey’

Walls: Fibre Cement Cladding ‘Beige Royal’ Timber cladding Concrete block walling ‘Charcoal’

Proposed Dwelling Site

Existing Dwelling


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Windows/Doors : Aluminium The proposed dwelling will be sited adjacent a steep embankment which was created as part of the previous quarrying activities that occurred in this area of the site. As result, excavation and fill (up to 2 metres) will be required to accommodate the dwelling. Also a retaining wall is proposed to the west of the lower floor to accommodation the difference between the natural ground and proposed finished site levels. An 1100 litre rainwater tank is proposed to be plumbed to the dwelling and a 5000 litre tank is to be provided for firefighting purposes. Effluent associated with the dwelling is proposed to be managed onsite. As discussed above, the application also seek approval to convert the existing dwelling to an amenities building. The works proposed for the existing dwelling are all internal and thus there will be no increase to the floor area of the building. The amenities building will contain a male and female bathroom each including showers and toilets, the female bathroom will also contain baby changing facilities. The proposed development is more particularly illustrated on the submitted plans. 4.0 CATEGORISATION OF DEVELOPMENT The subject land is located within the Conservation Zone in which a dwelling is a non-complying form of development. Notwithstanding the above, there are principles of law that recognise that a reasonable expansion of an existing non-complying development can be properly regarded as being for a consent use. The above principle is considered to apply in relation to the assessment of this application as the proposal effectively is for a replacement dwelling as no addition dwellings will be located on the property as a consequence of the proposed development. In addition, the proposed dwelling and amenities building are to be used in association with the existing tourist park on the site which is the primary form of development envisaged in the Bushlands Tourist Accommodation Policy Area. With regard to the above, the proposed development has been determined to be a consent form of development and has been processed and assessed accordingly. 5.0 PUBLIC NOTIFICATION I note that the application is for a two storey detached dwelling and conversion of the existing dwelling to an amenities building. A detached dwelling is designated as Category 1 form of development pursuant to Schedule 9 of the Regulations. Tourist accommodation and associated facilities within Bushlands Tourist Accommodation Policy Area 2 is identified as a Category 2 form of development within Council’s Development Plan. The proposed amenities building will be used in association with the existing tourist accommodation on the property and on this basis this aspect of the development is a Category 2 form of development.


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Notwithstanding the above, the proposed development is considers to be minor and unlikely to unreasonably impact on adjoining residents and has been designated as a Category 1 form of development pursuant to 2(g) of Schedule 9 of the Development Regulations: 2(g) a kind of development which, in the opinion of the relevant authority, is of minor nature only and will not unreasonably impact on the owners or occupiers of land in the locality of the site of the development. The above determination has been made due to the following:

- The proposal does not change the intrinsic use of the property which is the primary form of development envisaged within the Policy Area

- The proposed development seeks to convert an existing building which is unsighted outside of the property

- There will be no increase in the building’s floor area - The site is adjoined by unoccupied land.

Figure 3: Bushlands Tourist Accommodation Policy Area 2 Concept Plan

Proposed Dwelling Site


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6.0 DEVELOPMENT ASSESSMENT The subject land is located in the Conservation Zone and Bushlands Tourist Accommodation Policy Area 2 as illustrated respectively on Zone and Policy Area Map Ro/4 of Council’s Development Plan, Consolidated 28 August 2014. As discussed above, the proposed development has been determined to be a consent form of development and as such, must be assessed on its merits having regard to relevant provisions of the Development Plan. Those provisions which are considered to be relevant to the proposal are as follows: CONSERVATION ZONE Objectives: 1, 2 & 3 Principles: 1, 2, 3 & 4 BUSHLANDS TOURIST ACCOMMODATION POLICY AREA 2 Objectives: 1, 2 & 4 Principles: 1, 2 & 3 GENERAL Design and Appearance Objective: 1 Principles: 1, 3, 6 & 18 Hazards Objectives: 1, 2, 5 & 6 Principles: 6, 7, 8, 9 & 11 Infrastructure Principles: 1 & 6 Natural Resources Objectives: 8, 10 13 Principles: 1, 26, 27, 28, 29, 30 & 31 Orderly and Sustainable Development Objectives: 1, 3, 4 & 6 Principles: 1 & 9

Residential Development Objectives: 1 Principles: 7, 8, 12, 15, 18, 19, 20, 21, 22 & 23 Siting and Visibility Objectives: 1 Principles: 1, 2, 3, 4, 5, 6 & 8 Tourism Development Objective: 3 & 8 Principles: 2, 3, 5 & 9 Waste Principle: 10

The provisions considered most relevant to the assessment of the application are provided and discussed below: Bushlands Tourist Accommodation Policy Area 2 Objectives 1 A policy area in which tourist accommodation facilities are located or redeveloped. 2 Tourist accommodation development concentrated in nodes nestled within the native vegetation. 4 Conservation of the natural character and features of land not occupied by development. Principles 1 The following forms of development are envisaged in the policy area: ▪ small-scale tourist accommodation and facilities.


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2 Development should be carried out in accordance with the concepts shown on Concept Plan Map

Ro/4 – Bushlands Tourist Accommodation with development for tourist accommodation being contained within the two clusters identified.

3 Buildings should be single storey only and display a low profile, having a maximum height of 5

metres, measured from existing ground level to the highest point of the building.

The subject land is located within the Conservation Zone and more particularly within the Bushlands Tourist Accommodation Policy Area 2. The land contains the Robe Holiday Park and tourist accommodation is the principle form of development envisaged in the Policy Area, however, it is only supported in concentrated areas as illustrated on the Concept Plan Map Ro/4 – Bushlands Tourist Accommodation, reproduced above. I note that all proposed development will occur within the areas designated for development in accordance with the Concept Plan and Principle 2 above. A dwelling is not envisaged in the zone and is in fact noncomplying, however, as discussed previously this aspect of the development has been dealt with as a consent form of development largely as the proposed dwelling is a replacement dwelling and thus no additional dwellings will be established on the land. In addition, it is considered that the proposed dwelling will not offend the intent of the Policy Area as it will not change the existing use of the land and will be used by the land owner in association with the management of the tourist park. The addition of the new dwelling on the land will result in the potential clearance of vegetation on the site, which is permitted without approval within 20 metres of a dwelling pursuant to the Native Vegetation Act. Whilst it is noted that the clearance of vegetation is inconsistent with the intent of the Conservation Zone and various General Natural Resources provisions which seek the retention of Native Vegetation, the proposed dwelling is to be located within an area where development is contemplated as illustrated on Concept Plan Map Ro/4 and the vegetation within this is area relatively degraded compared to other areas of the land as a consequence of the former quarrying activities that occurred in this portion of the site. Principle 3 of the Policy Area requires buildings to be singe storey, low profile and comprise a maximum height of 5 metres above existing ground level. I note that the proposed dwelling is to be two storey and comprises a maximum height of 8 metres above ground level which is inconsistent with Principle 3. Notwithstanding the above, the design and siting of the proposed dwelling will assist to minimise its bulk and scale. The dwelling is to be sited adjacent an existing steep embankment/cutting and as a result portion the building will be 5 metres above existing ground level, also the two storey design, which includes parking and storage underneath, reduces the overall footprint of the development on the land compared to a single storey dwelling with a similar floor area. In addition, the dwelling is well articulated and finished in natural muted colours which will assist to improve its appearance and blend in with its natural backdrop. It is noted that the proposed dwelling will likely be sighted from Nora Creina Road as a consequence of the building being positioned in a cleared area. However, views of the building will be fleeting from passing vehicles due to the dense native vegetation which extends to the road to the east and west of the proposed dwelling site and it is noted that the


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proposed dwelling will be setback 37.9 metres from the road which exceeds the setback requirement of 30 metres for development within the Conservation Zone, as outlined in Table Ro/1 – Building Setbacks from Road Boundaries. In addition, the proposed dwelling will be located within an area on the site were development is specifically contemplated. With regard to the above the design’s non-compliance with the Principle 3 is not likely to create adverse visual or planning impacts and not considered fatal to the overall merits of the application. The proposal is also considered to be consistent with the relevant General Design and Appearance and Siting and Visibility provisions which seek to minimise the development’s impact on the natural character of the area. Given the size of the subject land, the proposed dwelling largely accords with the design and siting requirements outlined in the General Residential Development section of the Development Plan and in particular with respect to setbacks, site coverage, private open space, access and parking. It is noted that the proposal will provided a better separation and privacy for the managers/owners from guest staying in the park compared to the current arrangement as the existing dwelling is sited adjacent the camping area. The second part of the application relates to the conversion of the existing dwelling to an amenities block. This form of development is largely consistent with the intent of the Policy Area given it directly supports and is associated with the existing tourist accommodation activities on the land. The conversion of the existing building is supported as it prevents the need for additional development within this part of park and any additional vegetation clearance on the land. Also it is noted that building is conveniently located with respect to the existing camping sites. General Hazards Objectives 5 Development located to minimise the threat and impact of bushfires on life and property. 6 Expansion of existing non-rural uses directed away from areas of high bushfire risk. Principles 8 Buildings and structures should be located away from areas that pose an unacceptable bushfire

risk as a result of one or more of the following: (a) vegetation cover comprising trees and/or shrubs (b) poor access (c) rugged terrain (d) inability to provide an adequate building protection zone (e) inability to provide an adequate supply of water for fire fighting purposes. 9 Residential, tourist accommodation and other habitable buildings should: (a) be sited on the flatter portion of allotments and avoid steep slopes, especially upper slopes,

narrow ridge crests and the tops of narrow gullies, and slopes with a northerly or westerly aspect

(b) be sited in areas with low bushfire hazard vegetation and set back at least 20 metres from existing hazardous vegetation

(c) have a dedicated and accessible water supply available at all times for fire fighting. The subject land is identified as a medium bushfire risk area on BPA Map Ro/9 and Ro/10 within Council’s Development Plan.


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The proposed development will therefore be located outside of a high risk area as desired Objective 6 above and it is unlikely to result in unacceptable bushfire risks given:

- The affected land is clear of hazardous vegetation and is relatively flat area with good access to the adjoining road network

- The proposed dwelling will be provided with a dedicated water supply of 5000 litre for fire fighting purposes (in accordance with the Minister’s requirements)

- the proposed development will not increase the number of dwellings currently on the site.

With regard to the above the proposed development largely complies with the abovementioned Hazard provisions. Infrastructure Principles 6 In areas where no reticulated water supply is available, buildings whose usage is reliant on a water

supply should be equipped with an adequate and reliable on-site water storage system and, in the case of dwellings, a capacity equivalent to 15 000 litres per bedroom should be provided.

The subject land is not connected to mains water, however, the applicant has advised that the land has access to an existing bore that will be used to service the proposed development. It was also advised that the proposed rainwater tank for the dwelling will be used to service the kitchen, bathrooms, toilet and laundry. Infrastructure Principle 6 requires dwelling, where not connected to mains water, be provided with onsite water storage at a capacity to 15,000 litres per bedroom. As discussed with and acknowledged by the applicant, notwithstanding the development will have access to bore water, there are concerns that the proposed 1,100 litre rainwater tank may be insufficient to service the dwelling particularly given its size. As a result, it is recommended that a condition of consent be included requiring the dwelling be provided with addition onsite water supply with a minimum capacity of 30,000 litres consistent with the intent of Principle 6 above. I note that the total amount has be reduced in recognition of the lands access to the bore. 7.0 CONCLUSION Having regard to the above assessment of the proposed development against the relevant provisions of the Robe (DC) Development Plan, on balance I consider that the proposal is an appropriate form of development, as the proposal:

- Maintains the existing use of the site - Will be sited in accordance with Concept Plan Map Ro/4 - Will be design and sited to minimise its impact on the natural features and character

of the site. 8.0 RECOMMENDATION That Development Application 822/055/16 for a two storey detached dwelling and conversion of existing dwelling to an amenities building at 4 Nora Crenia Road, Robe is not seriously at variance with the District Council of Robe Development Plan, Consolidated 28 August 2014. That Development Plan Consent be granted to Development Application 822/055/16 for a two storey dwelling and conversion of existing dwelling to an amenities building at 4 Nora Crenia Road, Robe, subject to the following conditions:


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1. That except where minor amendments may be required by other relevant Acts, or by the conditions imposed on this consent, the development herein approved shall be carried out in accordance with the approved plans. 2. The dwelling shall be provided with an onsite water supply with a minimum capacity

of 30,000 litres. 3. All site works shall be carried out to the satisfaction of Council at all times during the construction process. 4. Full details and plans of the effluent disposal for the dwelling and amenities building

shall be provided to Council and approved prior to the issue of Development Approval.

5. That all stormwater design and construction shall be in accordance with Australian Standards and recognised engineering best practices. 6. The conversion of the existing dwelling to the amenities building shall be completed

within 6 months of the first occupation of the new dwelling. Should you wish to discuss any aspects of this report please do not hesitate to contact me on 8130 7222. Alternatively, I can be contacted via email at [email protected].

Yours sincerely,

Tom Hateley MPIA ACCESS PLANNING (SA) Pty Ltd


mailto:[email protected]

12 July 2016 Ref. 6493 DAP_ Compromise report The Chief Executive Officer District Council of Robe PO Box 1 ROBE, SA 5276 ATTENTION: Ms. Michelle Gibbs Dear Michelle, RE: PROPOSED LAND DIVISION AT 12 MCFARLANE STREET ROAD, ROBE. DEVELOPMENT APPLICATION 822/D007/15 At its meeting in April 2016 the Panel resolved to refuse an application for land division (1 into 2) at the above address. The development was refused as:

- The proposal creates an allotment under the minimum allotment area requirement - Proposed Lot 201 is not appropriate for its intended use. The applicant has appealed the refusal and has submitted an amended proposal. An assessment of the amended proposal is provided below. 1.0 SUBJECT LAND AND LOCALITY The subject land consists of a regular shaped allotment comprising a total area of 1023m2 located within the Residential Zone of Robe. The land is a corner allotment and presents frontages of 21.32 metres to McFarlane Street to the north and 39.14 metres to Sneath Street to the east. In addition, the land contains a corner cutoff of 4.32 metres The land contains a single storey detached dwelling sited within the northern portion of the site and an associated outbuilding located within the south western corner of the property. Access is provided to the land via two existing driveways; one from Senath Street which is located adjacent the Sneath/McFarlane Streets intersection and to the east of the dwelling and the other from McFarlane Street which leads to the existing shed. The subject land is surrounded by residential development principally in the form of single storey detached dwellings and associated outbuildings. Allotments in the locality are generally regular in shape and comprise consistent areas (similar to the subject land), particularly the allotments to the east and west which are bound by McFarlane Street, Harrold Street, Thompson Road and Robe Street. The allotments on the northern side of McFarlane Street comprises a greater mix of shapes and areas. The subject land and locality is further illustrated below in figure 1 and 2.


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9. Stanhope

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Figure 1: Zoning Source: Zone Map Ro/8 of Council’s Development Plan


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Figure 2: Subject land and locality Source: Google Maps

2.0 AMENDED PROPOSAL The chief amendment relates to the increase in area of proposed Lot 201. Proposed Lot 201 is to be 450m2 and will have a frontage of 21.32 metres to Sneath Street. Lot 201 will contain the existing shed and balance of the land. Proposed Lot 200 is to be 574m2 and will have frontages of 19.84 metres to Sneath Street and 19.30 metres to McFarlane Street. This allotment will contain the dwelling and associated water tank and septic tank. Access to each allotment will be provided via existing access points and driveways. Both allotments have access to mains water and Council’s CWMS, although it is noted that an extension of the existing CWMS main and a new connection point will be required to service Lot 200. The proposed common boundary has been designed to ensure that the appropriate setback (2.5 metres) is achieved to the existing septic tank. The key design comparisons between the original and compromise proposal are outlined in the table below:


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Original Compromise Proposal

Area Lot 200 - 591m2

Lot 201 – 432m2 Lot 200 - 574m2

Lot 201 – 450m2

Frontage – Sneath Lot 200 – 19.84m Lot 201 – 19.30m

Lot 200 – 18.24m Lot 201 – 20.90m

Frontage – Mc Farlane Lot 200 – 21.32m Lot 200 – 21.32m

3.0 PUBLIC NOTIFICATION The proposed division was determined to be a Category 1 form of development, pursuant to Schedule 9 of the Development Regulation 2008. Therefore no public notification was undertaken. 4.0 AGENCY COMMENTS The application was referred to the DAC and SA Water. Comments received from these agencies are summarised below: DAC Recommended that the following conditions be attached to the approval: 1. The financial and augmentation requirements of the SA Water Corporation shall be met for the

provision of water services (SA Water H0036796).

The internal drains shall be altered to the satisfaction of the SA Water Corporation. 2. Payment of $2849 into the Planning and Development fund (1 allotment @ $2849/allotment). Payment

may be made by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the Development Assessment Commission marked “Not Negotiable” and sent to GPO Box 1815, Adelaide 5001 or in person, at Ground Floor, 101 Grenfell Street, Adelaide.

3. A final plan complying with the requirements for plans as set out in the Manual of Survey Practice

Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.

SA Water Advised of the following requirements:

- The financial requirements of SA Water shall be met for the provision of water supply.

- The augmentation requirements of SA Water shall be met.

- On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within its boundaries.


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5.0 DEVELOPMENT ASSESSMENT The subject site is located within the Residential Zone as illustrated on Zone Map Ro/8 of Council’s Development Plan. In assessing the development proposal, I have had regard to the relevant Residential Zone, and General provisions of the Development Plan, consolidated 28 August, 2014 Those provisions which are considered to be most relevant to the proposal and my assessment of them are as follows: Residential Zone Principles 11 Dwellings should be designed within the following parameters:

12 Sheds, garages, carports and similar outbuildings, whether free standing or not, should be

designed within the following parameters:

13 A dwelling should have a minimum site area (and in the case of residential flat buildings, an

average site area per dwelling) and a frontage to a public road not less than that shown in the following table:


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14 Land division should not create a vacant allotment with an area less than 450 square metres.

General Land Division Objectives 2 Land division that creates allotments appropriate for the intended use. Principles 2 Land should not be divided if any of the following apply: (a) the size, shape, location, slope or nature of the land makes any of the allotments unsuitable

for the intended use 5 Land division should result in allotments of a size suitable for their intended use. Residential Development Principles 1 Residential allotments and sites should have the appropriate orientation, area, configuration and

dimensions to accommodate: (a) the siting and construction of a dwelling and associated ancillary outbuildings (b) the provision of landscaping and private open space (c) convenient and safe vehicle access and off street parking (d) passive energy design.

It is noted that the original application was refused due to the following:

- The proposal creates an allotment under the minimum allotment area requirement - Proposed Lot 201 is not appropriate for its intended use. The purpose of the division is to create an additional residential allotment on the site. Lot 200 will contain the existing dwelling, whilst Lot 201 will contain the balance of the land and the existing shed. As outlined in Zone Principles 13 and 14 allotments require a minimum site area of 450m2 and a frontage of 10 metres (non-arterial road). The key amendment of the compromise proposal is that Lot 201 has been increased to 450m2 and as a result, both allotments now meet the relevant area and frontage requirements which addresses the first reason for the refusal. The second reason for refusal related to the ability to site a new dwelling on proposed Lot 201 given the existing outbuilding on the site was to be retained. With regard to the previous application, it was considered that the retention of the shed, together with the proposed site area, would likely restrict the ability for the siting of a future dwelling on the land, considering the relevant design and siting requirements for a future dwelling with respect to setbacks, private open space, site coverage, carparking and siting of a septic tank.


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In addition, it was noted that the existing shed on the land already marginally exceeded the 74m2 requirement applying to outbuilding, garages and carport (singly or combined) within the Residential Zone. In order to create a viable building envelope on Lot 201, taking into consideration the land that will be required to accommodate the design and siting requirements mentioned above, it was considered highly likely that a new dwelling on the land would need to be constructed in front of the existing shed which would restrict the ability of the shed to be used for vehicle parking. As a consequence an additional carport or garage would need to be provided on the site in accordance with Zone Principle 11, which requires a dwelling to be provided with two parking spaces, one of which is under cover. As a result, any future application would likely further exceed the maximum shed, garage and carport site area requirement and on this basis it was considered that proposed Lot 201 was not appropriate for its intended use. In support of the compromise proposal the applicant has submitted a letter of support and associated concept plan prepared by MasterPlan. As noted in the MasterPlan letter, the subject land is located within the a ‘Residential Code’ area, and therefore a detached dwelling on proposed Lot 201 could be approved as a Complying form of development subject to meeting the design requirements in Schedule 4 of the Development Regulations 2008. I note that a Complying form of development must be granted consent and an approval for a ‘Residential Code’ application can be issued by Council or a private certifier. Further, once the dwelling is approved then the subsequent land division would be required to be approved too. It is noted that option of submitting a Complying application was not a possible consideration as part of the previous land division proposal as the minimum site area (Lot 201) was not achieved which is one of the key requirements of Schedule 4. The submitted concept plan shows how the land could be developed with a very modest three bedroom dwelling in a manner consistent with the requirements of Schedule 4 and is one example of how a dwelling could be sited on the land as a Complying development. With respect to the concept plan, it is noted that the location of the septic tank does not meet the relevant siting requirement as it would need to be setback 2.5 metres from all boundaries and buildings, however, I note there is likely many alternative designs which could be used to ensure this aspect of the proposal complies. As part of the assessment of a Complying application it is noted that the Development Plan policy relating to total outbuilding/carport area is not a relevant consideration, rather this issue would be addressed, in part, by the maximum site coverage requirement (60 %) which applies to a ‘Residential Code’ application. It is noted that the proposed division does not address the concerns associated with the retention of the shed, however, whilst no Complying application has been lodged or approved on the site, the fact that the applicant could gain approval for a dwelling on the land (and subsequent land division) pursuant to Schedule 4 of the Development Regulations is a valid consideration as part of the assessment of this application and on this basis it is recommended that the compromise application be supported. As addressed in the previous assessment report, as a result of the division it is noted that the dwelling on Lot 200 will not be provided with any undercover parking (currently provided in the shed) which is odds with Zone Principle 11, however, it is noted that opportunity exists for a carport to be constructed on the eastern side of the house if required.


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Furthermore, the existing driveway that will service the dwelling on Lot 200 takes access from McFarlane Street and is located adjacent to the McFarlane/Sneath Street intersection. It is noted that the position of this driveway (which will become the sole access point) does not meet the relevant Australian Standard with respect to its setback from the intersection. Notwithstanding the above, the position of the driveway is a longstanding situation and is not likely to create any adverse impacts considering the low volumes of traffic likely to be accommodated on McFarlane and Sneath Streets. Also good sightlines are present along these roads. In addition, it is noted that the existing dwelling will be provided with sufficient private open space as a result of the division. With regard to the above the design of proposed Lot 200 is considered appropriate. 6.0 CONCLUSION Having regard to the above assessment of the proposal against all the relevant provisions of the Robe (DC) Development Plan, on balance, I consider that the compromise proposal addresses the previous concerns and is an appropriate form of development with respect to the relevant provisions within the Residential Zone and General section of the Development Plan 7.0 RECOMMENDATION Following consideration and having regard to all relevant matters, it is recommended: That Development Application 822/D007/15 for a land division at 12 McFarlane Street, Robe is not seriously at variance with the District Council of Robe Development Plan, Consolidated 28 August 2014. That the Panel advises the ERD Court that it is prepared to approve the amended Development Application numbered 822/D007/16 for a land division at 12 McFarlane Street, subject to the following conditions; Development Plan Consent 1. The development shall proceed in accordance with the plans and details submitted with

and forming part of Development Application No. 822/D007/16 (being Plan of Division Reference 25365-01 Revision 8, dated 7/07/2016 prepared by Cameron Lock Surveying).

Land Division Consent – Council

1. Common Wastewater Management System (CWMS) Augmentation Fee

Where land is created through a process of division, realignment of land, additional connection from a single allotment, or each dwelling of a multi dwelling development which results in more than one dwelling on a single dwelling, a Common Wastewater Management System (CWMS) Augmentation Fee is to be paid to the District Council of Robe before Council can issue approval for the issue of the Certificate of Title. The CWMS Augmentation Fee payable is the amount published by the Council in its annual Fees and Charges Schedule as at the time a request is made for approval for the issue of Certificate of Title.

2. That the developer provides, at their expense, a separate connection point to the District

Council of Robe Common Wastewater Management System (CWMS) with an inspection


9

opening raised to the surface level for each newly created allotment. Plans MUST be submitted and approved to Council BEFORE work commences.

3. Any pipework associated with the existing septic tank located on proposed Lot 200 that

crosses the boundary of proposed Lot 201 shall be redirected to ensure it is contained within the boundaries of proposed Lot 200. Land Division Consent – DAC 1. The financial and augmentation requirements of the SA Water Corporation shall be met for

the provision of water services. 2. Payment of $2849 into the Planning and Development Fund (1 allotment(s) @

$2849/allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the Development Assessment Commission marked "Not Negotiable" and sent to GPO Box 1815, Adelaide 5001 or in person, at Level 5, 136 North Terrace, Adelaide

3. A final plan complying with the requirements for plans as set out in the Manual of Survey

Practice Volume 1 (Plan Presentation and Guidelines) issued by the Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.

Should you wish to discuss any aspects of this report please do not hesitate to contact me on 81307222. Yours sincerely,

Tom Hateley MPIA ACCESS PLANNING (SA) PTY LTD


8 July 2016

Attention: Michelle Gibbs

Dear Roger,

Re: Land Division – 12 McFarlane Street, Robe ERD Court Compromise - ERD Ref: 16-129 Development Application: 822/D007/15

MasterPlan SA Pty Ltd writes on behalf of Mr David Stanhope, to present the attached compromise plan for the proposed division of land at 12 McFarlane Street, Robe.

Cameron Lock Surveyors submitted a land division application to Council to divide the property at 12 McFarlane Street (corner of Sneath Street), Robe into two allotments. Council’s Development Assessment Panel considered the application at its meeting in May 2016 and refused the development application, for the following reasons:

That Development Plan Consent for a land division at 12 McFarlane Street, Robe as contained in Development Application no. 822/D007/15 is refused as the proposed development is at variance with the following provisions: Residential Zone Principles: 13 and 14 General Land Division Objective: 2 Principles: 2(a) and 5 Residential Development Principles: 1

Mr Roger Sweetman Chief Executive Officer District Council of Robe PO Box 1 ROBE SA 5276


In that: - The proposal creates an allotment under the minimum allotment area requirement - Proposed Lot 201 is not appropriate for its intended use

Being aggrieved by the decision to refuse the application, my client has lodged an appeal with the Environment, Resources and Development Court (ERD Ref: 16-129). The development, as described in this correspondence, is proposed as a compromise plan of division which addresses the reasons for refusal.

The compromise plan has two components, namely:

1. An amended plan of division prepared by Cameron Lock Surveyors – Drawing Number 25365-01 Revision 8, which increases the size of proposed Allotment 201 to 450 square metres.

2. A concept site plan prepared by MasterPlan which illustrates one way a detached dwelling can be sited on the allotment whilst retaining the existing outbuilding and satisfying the relevant residential design provisions of the Development Plan (and/or Schedule 4a of the Development Regulations 2008).

These plans in combination address the concerns raised by Council’s Development Assessment Panel and form a reasonable compromise that warrants the granting of Development Plan Consent to the amended plan of division.

The following is an assessment of the proposed development against the provisions of the Development Plan which were quoted as reasons for refusal of the land division.

Whilst not directly relevant, as the proposed development is not for the development of a detached dwelling, PDC 13 of the Residential Zone seeks to ensure that a detached dwelling has a site area of 450 square metres and a frontage to a public road of 10 metres. Allotment 200, which accommodates the existing dwelling on the subject land, has a site area of 574 square metres and frontage to both McFarlane Street and Sneath Street well in excess of 10 metres. Proposed Allotment 201 has a site area of 450 square metres in area and a frontage to Sneath Street of 20.90 metres. In all regards the proposed allotments ensure that the site areas for the existing and any proposed detached dwelling have a site area and street frontage in accordance with PDC 13.

The minimum allotment size for a residential allotment is clearly stated in PDC 14 of the Residential Zone. That is, a “land division should not create a vacant allotment with an area less than 450 square metres.” Both allotments exceed the minimum 450 square metre size requirement.


Residential Zone:

PDC 13 A dwelling should have a minimum site area (and in the case of residential flat buildings, an average site area per dwelling) and a frontage to a public road not less than that shown in the following table:

Dwelling type Site area

(square metres)

Minimum frontage (metres)

All dwelling types 450 minimum 12 – where fronting an arterial road

10 – all other roads

Land Division

14 Land division should not create a vacant allotment with an area less than 450 square metres.

The second of the reasons for refusal was based around the premise that the allotment was not suitable for its intended residential purpose. It is understood that these concerns specifically related to the ability to develop a dwelling on the site should the existing outbuilding be retained. There is no guarantee that in the long term that the outbuilding will be retained, as a future owner of the allotment may choose to demolish the outbuilding. However, for the purposes of this discussion, it is assumed that the outbuilding will be retained.

The small exceedance of size of the existing outbuilding, above that now currently stated in the Development Plan is not reasonable grounds for refusal of the land division or future dwelling on the allotment, as the outbuilding is a longstanding land use and does not have to retrospectively comply with the provisions of the Development Plan.


General – Residential Development

PDC 1 Residential allotments and sites should have the appropriate orientation, area,

configuration and dimensions to accommodate:

(a) the siting and construction of a dwelling and associated ancillary outbuildings (b) the provision of landscaping and private open space (c) convenient and safe vehicle access and off street parking (d) passive energy design.

General – Land Division

Objective 2 Land division that creates allotments appropriate for the intended use.

PDC 2 Land should not be divided if any of the following apply:

(a) the size, shape, location, slope or nature of the land makes any of the allotments unsuitable for the intended use

PDC 5 Land division should result in allotments of a size suitable for their intended use.

It is our submission that the allotment is suitable for its intended residential purpose and can accommodate a detached dwelling. Attached to this letter is a concept site plan, which illustrates one way that a dwelling may be developed on Proposed Allotment 201. The concept plan incorporates the following:

• a modest three bedroom dwelling, with a floor area of approximately 70 square metres;

• driveway on the northern side of the dwelling which provides access to the existing outbuilding;

• a carport over the driveway which could be freestanding or attached to the dwelling;

• setback to Sneath Street of 6 metres;

• total building area of approximately 170 square metres;

• site coverage of approximately 38%;

• provision of private open space between the dwelling and the existing outbuilding and also to the north of the driveway;

• private open space of approximately 105 square metres; and

• sufficient area at the front of the property or within the driveway for the location of the septic tank for connection to the CWMS.


A dwelling in this or a similar configuration would satisfy the relevant qualitative and quantitative provisions of the Development Plan which relate to the development of a detached dwelling. In this regard, it is readily demonstrated that Proposed Allotment 201 can accommodate a dwelling whilst retaining the existing outbuilding.

It is requested that Council’s Development Assessment Panel also note that the subject land is located within a ‘Residential Code’ area. That is, development of a detached dwelling on proposed Allotment 201 would be a complying form of development subject to meeting a number of stated requirements in Schedule 4a of the Development Regulations 2008. The quantitative standards in relation to site coverage, building setbacks, private open space vary from those contained within the Development Plan and are, in general more flexible. For example, a detached dwelling in a Residential Code area only requires the provision of 60 square metres of private open space and can have a site coverage of 60%. Subsequently, the concept plan which is attached to this letter could readily be a complying form of development, which must be granted consent.

It is our respectful submission that the proposed amended plan of division, which creates two allotments in excess of 450 square metres is an appropriate form of development. Furthermore, proposed Allotment 201 can readily accommodate a dwelling, which is its intended purposes. Consequently, it is our request that Council’s Development Assessment Panel agree to the compromise plan of division through the Environment, Resources and Development Court appeal process.

Should it be necessary, a representative of the client would be available to attend the Development Assessment Panel meeting at the time the compromise is considered.

Should you require any additional information or clarification, please do not hesitate to contact the undersigned by phone on 8193 5600 or 0413 832 616 or by email [email protected]

Yours sincerely

Julie Jansen MasterPlan SA Pty Ltd enc: Amended Plan of Division

Concept Site Plan cc: Mr David Stanhope Mr Michael Cameron, Cameron Lock Surveyors Mr Tom Hateley, Access Planning


mailto:[email protected]


Documents

NOTICE OF MEETING - robe.sa.gov.au 19 JULY... · plan kitchen, living and dining area, pantry, playroom, bathroom, laundry, toilet, store, verandah and deck. The dwelling will have