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APPLICATION ON NOTIFICATION – CATEGORY 3 – NON-COMPLYING Applicant: JW & TL Doecke Development Number: 551/L001/16 Nature of Development: Construct an elevated dwelling Type of development: Non-Complying Zone / Policy Area: River Murray Flood Zone Subject Land: Lot 2 in DP 53167, Hundred of Paisley, River Drive, Blanchetown Contact Officer: Daniel Pluck Phone Number: 7109 7196 Start Date: 28 September 2016 Close Date: 13 October 2016 During the notification period, hard copies of the application documentation can be viewed at the Department of Planning, Transport and Infrastructure, Level 2, 211 Victoria Square, Adelaide, during normal business hours. Application documentation may also be viewed during normal business hours at the local Council office. Written representations must be received by the close date (indicated above) and can either be posted, hand-delivered, faxed or emailed to the Development Assessment Commission. A representation form is provided as part of this pdf document. Any representations received after the close date will not be considered. Postal Address: The Secretary Development Assessment Commission GPO Box 1815 ADELAIDE SA 5001 Street Address: Development Division Department of Planning, Transport and Infrastructure Level 2, 211 Victoria Square ADELAIDE Email Address: [email protected] Fax Number: (08) 8303 0753

APPLICATION ON NOTIFICATION – CATEGORY 3 – NON … · frontage to the Murray River. The subject land has an existing shed located towards the middle of the northern boundary,

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Page 1: APPLICATION ON NOTIFICATION – CATEGORY 3 – NON … · frontage to the Murray River. The subject land has an existing shed located towards the middle of the northern boundary,

   

APPLICATION ON NOTIFICATION – CATEGORY 3 – NON-COMPLYING Applicant: JW & TL Doecke Development Number: 551/L001/16 Nature of Development: Construct an elevated dwelling Type of development: Non-Complying Zone / Policy Area: River Murray Flood Zone Subject Land: Lot 2 in DP 53167, Hundred of Paisley, River

Drive, Blanchetown Contact Officer: Daniel Pluck Phone Number: 7109 7196 Start Date: 28 September 2016 Close Date: 13 October 2016 During the notification period, hard copies of the application documentation can be viewed at the Department of Planning, Transport and Infrastructure, Level 2, 211 Victoria Square, Adelaide, during normal business hours. Application documentation may also be viewed during normal business hours at the local Council office.

Written representations must be received by the close date (indicated above) and can either be posted, hand-delivered, faxed or emailed to the Development Assessment Commission. A representation form is provided as part of this pdf document. Any representations received after the close date will not be considered. Postal Address: The Secretary Development Assessment Commission GPO Box 1815 ADELAIDE SA 5001 Street Address: Development Division Department of Planning, Transport and Infrastructure Level 2, 211 Victoria Square ADELAIDE Email Address: [email protected] Fax Number: (08) 8303 0753

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South Australian DEVELOPMENT ACT, 1993 

REPRESENTATION ON APPLICATION – CATEGORY 3  

Applicant:  JW & TL Doecke

Development Number:  551/L001/16

Nature of Development:  Construct elevated dwelling on vacant land

Type of development:  Non‐Complying

Zone / Policy Area:  River Murray Flood Zone

Subject Land:  Lot 2 in DP 53167, Hundred of Paisley, River Drive, Blanchetown 

Contact Officer:  Daniel Pluck

Phone Number:  7109 7196 

Close Date:  13 October 2016 My name:_________________________________________________________________________________________________ 

My phone number: _________________________________________________________________________________________ 

PRIMARY METHOD(s) OF CONTACT:  Email address: ____________________________________________________________ 

  Postal address: ____________________________________________________________   

   _______________________________________________Postcode _________________   

 

You will be contacted via your nominated PRIMARY METHOD(s) OF CONTACT if you indicate below that you wish to be heard in support of your submission.  My interests are:    owner of local property 

occupier of local property 

a representative of a company/other organisation affected by the proposal 

a private citizen 

 The address of the property affected is ___________________________________________________    Postcode ______________    The specific aspects of the application to which I make comment on are:  

  _______________________________________________________________________________________________   

  _______________________________________________________________________________________________   

  _______________________________________________________________________________________________ 

  _______________________________________________________________________________________________ 

  _______________________________________________________________________________________________ 

  _______________________________________________________________________________________________ 

  _______________________________________________________________________________________________   

 

I  wish to be heard in support of my submission 

  do not wish to be heard in support of my submission 

  (Please tick one)  By  appearing personally 

  being represented by the following person:  

  (Please tick one)  Date _________________________________    Signature  _________________________________________________    

 Return  Address:  The  Secretary,  Development  Assessment  Commission,  GPO  Box  1815,  Adelaide  SA  5001  or [email protected].   

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Statement of Effect Dwelling - Lot 2 River Drive Blanchetown

Report prepared by Kylie Schilling - Planning Consultant

September 2016

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Contents

1. Proposal ........................................................................................................................................... 3

2. Subject land ..................................................................................................................................... 3

Figure 2.1 Subject Land ................................................................................................................... 4

3. Locality ............................................................................................................................................ 5

Figure 3.1 Locality Map ................................................................................................................... 6

4. Nature of Development .................................................................................................................. 7

5. Development Plan ........................................................................................................................... 7

5.1 River Murray Flood Zone: ................................................................................................................ 7

5.2 Design and Appearance .................................................................................................................. 9

5.3 Energy Efficiency ........................................................................................................................... 11

5.4 Hazards .......................................................................................................................................... 12

5.5 Infrastructure ................................................................................................................................ 13

5.6 Natural Resources ......................................................................................................................... 14

5.7 Orderly & Sustainable Development............................................................................................. 16

5.8 Residential Development .............................................................................................................. 16

5.9 Siting & Visibility ............................................................................................................................ 20

5.10 Waste ............................................................................................................................................ 21

6. Social, Economic & Environmental considerations ....................................................................... 22

7. Summary ....................................................................................................................................... 22

8. Appendix A - Site Photos ............................................................................................................... 24

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1. Proposal

The application is seeking consent to construct a dwelling on Lot 2 River Drive Blanchetown.

The dwelling is elevated on posts with a small 1.59m x 3.089m wet area on the ground floor.

The first floor comprises three bedrooms, living area, kitchen, wet area and balcony. The

dwelling's exterior will comprise of custom orb wall cladding in shale grey, with windspray

gutters and flashing. The first floor has a total floor area of 146.27m².

2. Subject land

The subject land is identified as Lot 2 in Deposited Plan 53167, Hundred of Paisley, River Drive

Blanchetown as shown in Figure 2.1 below. The allotment is approximately 1365m² with a 29m

frontage to the Murray River. The subject land has an existing shed located towards the middle

of the northern boundary, a caravan located towards the eastern boundary and a jetty into the

Murray River. The site contains numerous large trees with grass ground cover. Access to the

subject land is obtained from River Drive. In 2001 a dwelling to be used as a display home was

granted development plan consent. Photos of the subject land are contained within Appendix

A - Site Photos.

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Figure 2.1 Subject Land

Source: Property Location Browser 2016

Subject

Land

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3. Locality

The subject land is located within an cul-de-sac consisting of 31 allotments, which all vary in

size and dimensions. Majority of the allotments have existing dwellings used as shacks or

permanent residences. The dwellings within this locality vary significantly in terms of size and

appearance. Half of the allotments have a frontage to the River Murray with most of the

allotments containing large trees.

The broader locality consist a mix of uses as shown in Figure 3.1 Locality Map. North of the

subject land is the River Murray with backwaters and vegetation. To the east consists a few

dwellings on larger parcels of land used for farming or horticulture purposes. South of the site

is the Blanchetown Caravan Park, shacks, backwaters, vegetation and the Sturt Highway. West

of the subject land is the River Murray with primary production land.

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Figure 3.1 Locality Map

Source: Property Location Browser 2016

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4. Nature of Development

The subject land is located within the River Murray Flood Zone, as shown on Zone Map

LoWa/3.

The proposed development is considered to be non-complying as stated within the River

Murray Flood Zone non-complying table (exception criteria cannot be met):

5. Development Plan

An assessment against the of the Loxton Waikerie Development Plan Consolidated 25 July 2013

has been undertaken as follows:

5.1 River Murray Flood Zone:

The following provisions are most relevant under this sub-heading:

Objectives: 1, 2, 3, 4

1 Buildings and structures excluded from the zone where they are likely to impede or be

damaged by floodwaters and/or fluctuating pool levels of the River Murray.

2 The conservation and improvement of water quality that sustains the natural environment

and natural ecological processes associated with the River Murray in areas as defined by the

River Murray Act 2003.

3 Conservation of the natural features of the river environment.

4 Restricted development in recognition of the hazards associated with floods, by

minimising new structures and changes to existing natural ground levels.

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Principles of Development Control: 2, 3, 9, 13, 14, 19, 22

2 Development listed as non-complying is generally inappropriate.

3 Development should not cause, impede, or be subject to damage by floodwaters and/or

fluctuating pool levels of the River Murray as defined by the River Murray Act 2003.

9 Development should:

(a) not adversely affect the stability or the natural features of the waterfront

(b) minimise and limit vehicular access to be associated with the site

(c) ensure the location of any vehicle access point to the waterfront is sited to avoid

adverse environmental impacts

(d) provide the maximum possible waterfront reserve between buildings and the water

(e) provide and maintain public access routes to waterfront reserves.

13 The undercroft areas of elevated dwellings:

(a) when enclosed, should be enclosed using roller doors, removable panels or other

material that can easily be opened or removed during times of flood

(b) should not be used for living purposes

(c) may be used for a toilet, a shower or laundry facilities, to a combined maximum floor

area of 10 square metres.

14 The underneath areas of elevated dwellings should not be enclosed if an existing

ancillary storage building exists on the site, unless the existing storage building is removed

from the site or allotment.

19 A rainwater tank and its associated stand should only be erected in association with an

existing dwelling or outbuilding and should be sited to be unobtrusive when viewed from

the River Murray and nearby public roads.

22 Development should:

(a) not adversely impact upon the ability to maintain the river frontage in a stable and

natural condition

(b) only use external cladding that is of a colour that harmonises with the surrounding

environment.

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Assessment comments:

While it is acknowledged non-complying development is generally considered inappropriate,

the proposed development is a consistent form of development within the locality and the

Flood Zone. The dwelling has been designed to be elevated so as not to impeded or be

damaged by flood waters or the fluctuating pool levels of the River Murray. The area where the

dwelling is proposed is already flat within negligible excavation works required. The proposed

dwelling is unlikely to impact on the water quality of the River Murray. The natural features of

the river environment will be maintained and not diminished as a result of the proposed

development. The dwelling has a simple design and constructed of custom orb in a grey colour

so as to blend within the amenity and not impact on the river valley view.

The subject land is already being used for residential purposes in terms of weekend stays

within the caravan located on the property. The proposed development will result in a visual

improvement to the land with the removal of the caravan and a more consistent view of

dwellings when viewed from the River Murray.

As per the requirements of PDC 13 the undercroft area of the proposed elevated dwelling will

include a wet area of 4.9m² which is below the allowed 10m². The remaining area of the

elevated dwelling will remain open in accordance with PDC 14 as there is an existing storage

building on the site.

The proposed development will include a new 10,000L rainwater tank which is proposed on the

southern rear end of the dwelling, so as not to be visible from the River Murray.

5.2 Design and Appearance

The following provisions are most relevant under this sub-heading:

Objectives: 1, 2

1 Development of a high architectural standard that responds to and reinforces positive

aspects of the local environment and built form.

2 Roads, open spaces, buildings and land uses laid out and linked so that they are easy to

understand and navigate.

Principles of Development Control: 1, 2, 3, 5, 6, 8, 11, 15, 16, 18, 21

1 The design of a building may be of a contemporary nature and exhibit an innovative style

provided the overall form is sympathetic to the scale of development in the locality and with

the context of its setting with regard to shape, size, materials and colour.

2 Buildings should be designed and sited to avoid creating extensive areas of uninterrupted

walling facing areas exposed to public view.

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3 Buildings should be designed to reduce their visual bulk and provide visual interest

through design elements such as:

(a) articulation

(b) colour and detailing

(c) small vertical and horizontal components

(d) design and placing of windows

(e) variations to facades.

5 Transportable buildings and buildings which are elevated on stumps, posts, piers, columns

or the like, should have their suspended footings enclosed around the perimeter of the

building with brickwork or timber, and the use of verandas, pergolas and other suitable

architectural detailing to give the appearance of a permanent structure.

6 The external walls and roofs of buildings should not incorporate highly reflective materials

which will result in glare to neighbouring properties or drivers.

8 Building design should emphasise pedestrian entry points to provide perceptible and direct

access from public street frontages and vehicle parking areas.

11 Buildings (other than ancillary buildings or group dwellings) should be designed so that

their main façade faces the primary street frontage of the land on which they are situated.

15 Balconies should:

(a) be integrated with the overall architectural form and detail of the building

(b) be sited to face predominantly north, east or west to provide solar access

(c) have a minimum area of 2 square metres.

16 Buildings and structures should not be developed unless the external cladding, wall

materials and roof sheeting are not damaged in any way, punctured, rusted, stained or

weathered.

18 Development should be compatible with the character of the existing buildings in the

locality and exhibit a high standard of design and external appearance which takes into

account the scale, mass and siting of the buildings, the materials to be used (including their

texture and colour) and elements of building detail.

21 The setback of buildings from public roads should:

(a) be similar to, or compatible with, setbacks of buildings on adjoining land and other

buildings in the locality

(b) contribute positively to the streetscape character of the locality

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(c) not result in or contribute to a detrimental impact upon the function, appearance or

character of the locality.

Assessment comments:

The external appearance of the dwelling is low key with new custom orb walls and roof in a

grey colour to blend sympathetically with the landscape. The dwelling will be a consistent form

of development within the locality. The proposed dwelling is considered to be sympathetic to

the scale of development in the locality and with the context of its setting with regard to shape,

size, materials and colour, in accordance with PDC 2.

The roof of the dwelling extends over the balcony so they have an integrated appearance. The

balcony and stairs will have balustrades for safety. The balcony is west facing overlooking the

River Murray, which provides good solar access. The balcony will have a total floor area of

34.8m².

The dwelling also complies with PDC 18 as the dwelling is compatible with the character of the

existing buildings in the locality and exhibit a high standard of design and external appearance

which takes into account the scale, mass and siting of the buildings, the materials to be used

(including their texture and colour) and elements of building detail.

The dwelling is sited in an existing flat cleared area. The setback is considered appropriate and

in keeping with other dwellings within the locality.

5.3 Energy Efficiency

The following provisions are most relevant under this sub-heading:

Principles of Development Control:1, 2

1 Development should provide for efficient solar access to buildings and open space all year

around.

2 Buildings should be sited and designed:

(a) to ensure adequate natural light and winter sunlight is available to the main activity

areas of adjacent buildings

(b) so that open spaces associated with the main activity areas face north for exposure

to winter sun.

Assessment comments:

The dwellings main activity areas are west facing overlooking the River Murray. Large windows

and sliding doors provide great light into the dwelling. Smaller windows are located on the

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north, east and south elevations which are bedrooms and a wet area. The window locations

and size are considered appropriate for the function of the rooms.

5.4 Hazards

The following provisions are most relevant under this sub-heading:

Objectives: 1, 2, 4, 5

1 Maintenance of the natural environment and systems by limiting development in areas

susceptible to natural hazard risk.

2 Development located away from areas that are vulnerable to, and cannot be adequately

and effectively protected from the risk of natural hazards.

4 Development located and designed to minimise the risks to safety and property from

flooding.

5 Development located to minimise the threat and impact of bushfires on life and property.

Principles of Development Control: 1, 3, 4, 5

1 Development should be excluded from areas that are vulnerable to, and cannot be

adequately and effectively protected from, the risk of hazards.

3 Development should not occur on land where the risk of flooding is likely to be harmful to

safety or damage property or the environment.

4 Development should not be undertaken in areas liable to inundation by tidal, drainage or

flood waters or in areas as defined by the River Murray Act 2003, unless the development

can achieve all of the following:

(a) it is developed with a public stormwater system capable of catering for a 1-in-100

year average return interval flood event

(b) buildings are designed and constructed to prevent the entry of floodwaters in a 1-in-

100 year average return interval flood event and the buildings are not an obstruction to

water flows.

5 Development, including earthworks associated with development, should not do any of

the following:

(a) impede the flow of floodwaters through the land or other surrounding land

(b) increase the potential hazard risk to public safety of persons during a flood event

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(c) aggravate the potential for erosion or siltation or lead to the destruction of

vegetation during a flood

(d) cause any adverse effect on the floodway function

(e) increase the risk of flooding of other land

(f) obstruct a watercourse, wetland or flood plain.

Assessment comments:

The Loxton Waikerie Council area to date, has not been graded by the CFS on the levels of

bushfire risk (i.e. low, medium or high areas). Given the close proximity to the River Murray the

area is characterised by lush green grass. CFS trucks are equip with equipment to draw water

out from tanks, rivers, troughs etc. in the event of a fire.

The proposed development is considered to comply with PDC 1 in that the dwelling has been

designed to adequately and effectively reduce the risk of damage to the dwelling in the event

of a flood. The dwelling has been designed to be elevated so as not to impeded or be damaged

by flood waters or the fluctuating pool levels of the River Murray. The location for the proposed

dwelling is in an area which is relatively flat with minimal earthworks required. The proposed

development is not likely to aggravate potential for erosion, increase the risk on flooding on

other land or obstruct the natural flow of water into the River Murray.

5.5 Infrastructure

The following provisions are most relevant under this sub-heading:

Principles of Development Control: 1, 4, 5, 6

1 Development should not occur without the provision of adequate utilities and services,

including:

(a) electricity supply

(b) water supply

(c) drainage and stormwater systems

(d) waste disposal

(e) effluent disposal systems

(f) formed all-weather public roads

(g) telecommunications services

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(h) social infrastructure, community services and facilities

(i) gas services.

4 Development should not take place until adequate and co-ordinated drainage of the land

is assured.

5 Development in urban areas should not occur without provision of an adequate

reticulated domestic quality mains water supply and an appropriate waste treatment

system.

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.

Assessment comments:

The subject land has an existing power box and water supply from the River Murray via a pump.

The proposed dwelling will be connected to a holding tank which will be pumped on a regular

basis as per Council requirements. A holding tank ensures no waste can enter into the River

Murray. Access to the subject land is existing and gained from River Road. The proposed

development also incorporates a 10,000L rainwater tank to provide an additional water source

to the dwelling.

5.6 Natural Resources

The following provisions are most relevant under this sub-heading:

Objectives: 1, 2, 3, 6, 10, 13, 14

1 Retention, protection and restoration of the natural resources and environment.

2 Protection of the quality and quantity of South Australia’s surface waters, including

inland, marine and estuarine and underground waters.

3 The ecologically sustainable use of natural resources including water resources, including

marine waters, ground water, surface water and watercourses.

6 Development sited and designed to:

(a) protect natural ecological systems

(b) achieve the sustainable use of water

(c) protect water quality, including receiving waters

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(d) reduce runoff and peak flows and prevent the risk of downstream flooding

(e) minimise demand on reticulated water supplies

(f) maximise the harvest and use of stormwater

(g) protect stormwater from pollution sources.

10 Minimal disturbance and modification of the natural landform.

13 Protection of the scenic qualities of natural and rural landscapes.

14 Preservation of the River Murray landscape and environment.

Principles of Development Control: 1, 2, 4, 10, 26, 39

1 Development should be undertaken with minimum impact on the natural environment,

including air and water quality, land, soil, biodiversity, and scenically attractive areas.

2 Development should ensure that South Australia’s natural assets, such as biodiversity,

water and soil, are protected and enhanced.

4 Development should be appropriate to land capability and the protection and

conservation of water resources and biodiversity.

10 Development should have adequate provision to control any stormwater over-flow

runoff from the site and should be sited and designed to improve the quality of stormwater

and minimise pollutant transfer to receiving waters.

26 Development should retain existing areas of native vegetation and where possible

contribute to revegetation using locally indigenous plant species.

39 Development should take place in a manner that will minimise alteration to the existing

landform.

Assessment comments:

The proposed development is not considered to impact on the River Murray. The proposed

development will not result in negative impacts to the scenic qualities of the River Murray. The

appearance of the dwelling is consistent with dwellings along the River Murray. As negligible

earthworks are required for the dwelling there will be minimal disturbance and modification to

the natural landform. All existing trees located on the subject land will be retained.

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5.7 Orderly & Sustainable Development

The following provisions are most relevant under this sub-heading:

Objectives: 1, 3, 4, 6, 7

1 Orderly and economical development that creates a safe, convenient and pleasant

environment in which to live.

3 Development that does not jeopardise the continuance of adjoining authorised land uses.

4 Development that does not prejudice the achievement of the provisions of the

Development Plan.

6 Urban development located only in zones designated for such development.

7 Urban development contained within existing townships and settlements and located only

in zones designated for such development.

Principles of Development Control: 1, 2, 8

1 Development should not prejudice the development of a zone for its intended purpose.

2 Land outside of townships and settlements should primarily be used for primary

production and conservation purposes.

8 Vacant or underutilised land should be developed in an efficient and co-ordinated manner

to not prejudice the orderly development of adjacent land.

Assessment comments:

While the proposed development is classified as non-complying, an elevated dwelling within

the Flood Zone is considered appropriate and in keeping with dwellings within the locality. The

proposed development is not prejudice to achieving the provisions within the Development

Plan. As indicated above the overall impacts from the proposed development are negligible and

do not jeopardise the continuance of adjoining land uses.

5.8 Residential Development

The following provisions are most relevant under this sub-heading:

Principles of Development Control: 5, 8, 10, 11, 12, 13, 14, 19, 20, 21, 23, 24, 25, 27, 30

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5 Dwellings located in areas not served by the reticulated water scheme should have a

rainwater tank of at least 50 000 litres intended exclusively for domestic use associated with

the dwelling and be plumbed throughout the dwelling.

8 Entries to dwellings should be clearly visible from the streets that they front to enable

visitors to identify a specific dwelling easily.

10 The design and location of buildings should ensure that direct winter sunlight is available

to adjacent dwellings, with particular consideration given to:

(a) windows of habitable rooms, particularly living areas

(b) ground-level private open space

(c) upper-level private balconies that provide the primary open space area for any

dwelling

(d) access to solar energy.

11 Development should ensure that north-facing windows to habitable rooms of existing

dwelling(s) on the same allotment, and on adjacent allotments, receive at least three hours

of direct sunlight over a portion of their surface between 9.00 am and 5.00 pm on the 21

June.

12 Development should ensure that ground-level open space of existing buildings receives

direct sunlight for a minimum of two hours between 9.00 am and 3.00 pm on 21 June to at

least the smaller of the following:

(a) half of the existing ground-level open space

(b) 35 square metres of the existing ground-level open space (with at least one of the

area’s dimensions measuring 2.5 metres).

13 Development should not increase the overshadowed area by more than 20 per cent in

cases where overshadowing already exceeds these requirements.

14 Building appearance should be compatible with existing development in terms of built

form elements such as:

(a) building mass and proportion

(b) materials, patterns, textures, colours and decorative elements

(c) ground floor height above natural ground level

(d) roof form and pitch

(e) facade articulation and detailing and window and door proportions

(f) verandahs, eaves and parapets

(g) driveway crossovers, fence style and alignment

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(h) individuality of design whilst remaining compatible with neighbouring buildings.

19 Dwellings should be setback from allotment or site boundaries to:

(a) contribute to the desired character of the area

(b) provide adequate visual privacy by separating habitable rooms from pedestrian and

vehicle movement

(c) meet the requirements set out in Table LoWa/1 – Building Setbacks from Road

Boundaries.

20 Dwelling setbacks from side and rear boundaries should be progressively increased as

the height of the building increases to:

(a) minimise the visual impact of buildings from adjoining properties

(b) minimise the overshadowing of adjoining properties.

21 Side boundary walls in residential areas should be limited in length and height to:

(a) minimise their visual impact on adjoining properties

(b) minimise the overshadowing of adjoining properties.

23 Site coverage should be limited to 60 per cent to ensure sufficient space is provided for:

(a) pedestrian and vehicle access and vehicle parking

(b) domestic storage

(c) outdoor clothes drying

(d) a rainwater tank

(e) private open space and landscaping

(f) front, side and rear boundary setbacks that contribute to the desired character of the

area

(g) convenient storage of household waste and recycling receptacles.

24 Private open space (land available for exclusive use by residents of each dwelling) should

be provided for each dwelling and should be sited and designed:

(a) to be accessed directly from the internal living areas of the dwelling

(b) generally at ground level to the side or rear of a dwelling and screened for privacy

(c) to take advantage of but not adversely affect natural features of the site

(d) to minimise overlooking from adjacent buildings

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(e) to achieve separation from bedroom windows on adjoining sites

(f) to have a northerly aspect to provide for comfortable year-round use

(g) to not be significantly shaded during winter by the associated dwelling or adjacent

development

(h) to be shaded in summer.

25 Dwellings should have associated private open space of sufficient area and shape to be

functional, taking into consideration the location of the dwelling, and the dimension and

gradient of the site.

27 Balconies should make a positive contribution to the internal and external amenity of

residential buildings and should be sited adjacent to the main living areas, such as the living

room, dining room or kitchen, to extend the dwelling’s living space.

30 Upper level windows, balconies, terraces and decks should have a sill height of not less

than 1.5 metres or be permanently screened to a height of not less than 1.5 metres above

finished floor level to avoid overlooking into habitable room windows or onto the useable

private open spaces of other dwellings.

Assessment comments:

The proposed dwelling will be utilised as a shack, therefore is not occupied everyday of the

week. It is proposed to have a 10,000L rainwater tank to service the dwelling in conjunction

with the existing River Murray water.

The entry to the dwelling is via the staircase which faces the road, thereby meeting PDC 8 by

the entry being visible from the street.

As detailed above in 5.3 Energy Efficiency the orientation of the dwelling is considered suitable.

The windows on the north and south elevation face the adjoining properties, and are small in

size to reduce overlooking concerns. In addition the setbacks and existing vegetation on the

land will reduce any overlooking concerns.

The dwelling's appearance is compatible with existing built form within the locality. The overall

size, design, being elevated, roof pitch and balcony are in keeping with the locality. The

proposed setbacks are consistent with the setbacks in the cul-de-sac.

The site provides sufficient private open space which has been enhanced with a large balcony

from the main living areas.

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5.9 Siting & Visibility

The following provisions are most relevant under this sub-heading:

Objective: 1, 2

1 Protection of scenically attractive areas, particularly natural, rural and coastal landscapes.

2 The preservation of the attractiveness of the valley face of the River Murray valley.

Principles of Development Control: 1, 4, 5, 9

1 Development should be sited and designed to minimise its visual impact on:

(a) the natural, rural or heritage character of the area

(b) areas of high visual or scenic value, particularly rural and coastal areas

(c) views from the coast, near-shore waters, public reserves, tourist routes and walking

trails

4 Buildings and structures should be designed to minimise their visual impact in the

landscape, in particular:

(a) the profile of buildings should be low and the rooflines should complement the

natural form of the land

(b) the mass of buildings should be minimised by variations in wall and roof lines and by

floor plans which complement the contours of the land

(c) large eaves, verandas and pergolas should be incorporated into designs so as to

create shadowed areas that reduce the bulky appearance of buildings.

5 The nature of external surface materials of buildings should not detract from the visual

character and amenity of the landscape.

9 Development which is proposed to be located outside of urban zones should be sited and

designed to not adversely affect views from the River Murray, lagoons, public reserves,

tourist routes and walking trails.

Assessment comments:

As discussed above, the proposed dwelling will not impact negatively on the attractiveness of

the valley face of the River Murray. The dwelling has been designed to have a low profile and

blend sympathetically with the landscape .

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5.10 Waste

The following provisions are most relevant under this sub-heading:

Objectives: 1, 2

1 Development that, in order of priority, avoids the production of waste, minimises the

production of waste, reuses waste, recycles waste for reuse, treats waste and disposes of

waste in an environmentally sound manner.

2 Development that includes the treatment and management of solid and liquid waste to

prevent undesired impacts on the environment including, soil, plant and animal biodiversity,

human health and the amenity of the locality.

Principles of Development Control: 1, 2, 3, 4

1 Development should be sited and designed to prevent or minimise the generation of waste

(including wastewater) by applying the following waste management hierarchy in the order

of priority as shown below:

(a) avoiding the production of waste

(b) minimising waste production

(c) reusing waste

(d) recycling waste

(e) recovering part of the waste for re-use

(f) treating waste to reduce the potentially degrading impacts

(g) disposing of waste in an environmentally sound manner.

2 The storage, treatment and disposal of waste materials from any development should be

achieved without risk to health or impairment of the environment.

3 Development should avoid as far as practical, the discharge or deposit of waste (including

wastewater) onto land or into any waters (including processes such as seepage, infiltration

or carriage by wind, rain, sea spray, stormwater or by the rising of the water table).

4 Untreated waste should not be discharged to the environment, and in particular to any

water body.

Assessment comments:

All waste water from the dwelling will be directed into a holding tank which will be pumped

regularly as per Council's requirements. Holding tanks are considered the most appropriate

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system for allotments within close proximity to the River Murray to ensure no negative impacts

to the River Murray occur.

6. Social, Economic & Environmental considerations

Social Impacts

The proposed development is not considered to have any significant social impacts. The area is

characterised with dwellings used as shacks or permanent residences. The owners frequently

stay onsite within the caravan, therefore a residential use could be considered as existing. The

construction of the dwelling will improve the appearance and function of the allotment. In

addition the caravan located on the site will be removed which would result in visual

improvements.

Economic Impacts

The construction of a dwelling will not result in any significant economic impacts. There may be

an opportunity for local businesses to be utilised during the construction and fit out of the

dwelling along with the ongoing maintenance and repairs for the dwelling.

Environmental Impacts

Overall the proposed development is not considered to have any significant environmental

impacts. The design of the dwelling being elevated reduces risk of property damage during a

flood event. The area for the dwelling is relatively flat with negligible earthworks required,

therefore minimal modifications to the natural landform would be required. All waste water

from the dwelling would be directed into a holding tank which will be pumped regularly

preventing impacts to the River Murray. The dwelling's appearance is consistent with the

locality and of a low profile to blend sympathetically with the River Murray landscape.

7. Summary

When assessed against the provisions in the Loxton Waikerie Development Plan Consolidated

25 July 2013 the application presents sufficient merit to warrant consent.

The dwelling has been designed to be elevated to reduce the risk of property damage during a

flood event. The external appearance of the dwelling is considered to be low profile in terms of

overall size, roof pitch and colour scheme. The dwelling is in keeping with existing built form

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within the locality. Majority of the infrastructure to service the dwelling is existing. The

proposed development is an orderly form of development within the Flood Zone.

While it is acknowledged that some time has passed since a previously approved dwelling was

granted consent on the subject allotment, the fundamentals of the River Murray Flood Zone

have not significantly changed nor the intent of the zone. The allotment's appearance will

improve as a result of the development as the caravan will be removed off site and a

permanent structure will be constructed which will significantly improve the amenity of the

locality.

While being classed as a non-complying form of development, a quantitative and qualitative

assessment has been undertaken above demonstrating the proposal has sufficient merit and

low impact to warrant consent.

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8. Appendix A - Site Photos

The site plan below shows the point (star) from where the photo was taken and the direction (triangle) that the photo covers.

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Photo 1

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Photo 2

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Photo 3

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Photo 4

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Photo 5

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Photo 6

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Photo 7

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Photo 8

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Photo 9

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