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Council Assessment Panel Meeting Agenda Tuesday 03 April 2018 at 6pm Council Chambers, 401 Greenhill Road, Tusmore Members: Bill Chandler (Presiding Member) Ross Bateup, Graeme Brown and Di Wilkins 1 APOLOGIES Nil 2 KAURNA ACKNOWLEDGEMENT The Presiding Member will take the opportunity to acknowledge the Kaurna people. 3 CONFIRMATION OF MINUTES Recommendation: That the minutes of the meeting held on Tuesday 06 March 2018 be taken as read and confirmed. 4 APPLICATIONS WITHDRAWN FROM THE AGENDA Nil 5 DEVELOPMENT APPLICATIONS FOR CONSIDERATION PERSONS WISH TO BE HEARD (A) NON-COMPLYING DEVELOPMENT APPLICATIONS (HEARING) Nil (B) CATEGORY 3 DEVELOPMENT APPLICATIONS (HEARING) Nil (C) CATEGORY 2 DEVELOPMENT APPLICATIONS (HEARING) Recommendation: As the opportunity to make a verbal presentation for Category 2 applications is at the Panel’s discretion, that the Panel provide an opportunity to be heard. Report Number: 5726.1 Page: Application Number: 180\1250\17 Applicant: Mr N Hainke Location: 110 Sydney Street, Glenunga SA 5064 Proposal: Demolition of existing dwelling and ancillary structures and construction of a pair of two-storey semi-detached dwellings including garages, terraces, retaining walls and fencing, and swimming pool to ‘Site B’. Recommendation: Development Plan Consent be granted Representors: Pia Liang - 112 Sydney Street, Glenunga (wish to be heard) Applicant: C/- Proske Architects 26 Wakeham Street, Adelaide 5 1

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  • Council Assessment Panel Meeting Agenda

    Tuesday 03 April 2018 at 6pm

    Council Chambers, 401 Greenhill Road, Tusmore

    Members: Bill Chandler (Presiding Member) Ross Bateup, Graeme Brown and Di Wilkins

    1 APOLOGIES

    Nil

    2 KAURNA ACKNOWLEDGEMENT

    The Presiding Member will take the opportunity to acknowledge the Kaurna people.

    3 CONFIRMATION OF MINUTES

    Recommendation: That the minutes of the meeting held on Tuesday 06 March 2018 be taken as read and confirmed.

    4 APPLICATIONS WITHDRAWN FROM THE AGENDA

    Nil

    5 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – PERSONS WISH TO BE HEARD

    (A) NON-COMPLYING DEVELOPMENT APPLICATIONS (HEARING)

    Nil

    (B) CATEGORY 3 DEVELOPMENT APPLICATIONS (HEARING)

    Nil

    (C) CATEGORY 2 DEVELOPMENT APPLICATIONS (HEARING)

    Recommendation: As the opportunity to make a verbal presentation for Category 2 applications is at the Panel’s discretion, that the Panel provide an opportunity to be heard.

    Report Number: 5726.1

    Page:

    Application Number: 180\1250\17 Applicant: Mr N Hainke Location: 110 Sydney Street, Glenunga SA 5064 Proposal: Demolition of existing dwelling and ancillary structures and

    construction of a pair of two-storey semi-detached dwellings including garages, terraces, retaining walls and fencing, and swimming pool to ‘Site B’.

    Recommendation: Development Plan Consent be granted Representors: Pia Liang - 112 Sydney Street, Glenunga (wish to be heard)

    Applicant: C/- Proske Architects – 26 Wakeham Street, Adelaide

    5

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  • Council Assessment Panel Agenda 03 April 2018

    Report Number: 5726.2

    Page:

    Application Number: 180\1140\17 Applicant: Fyfe Pty Ltd Location: 30 L’Estrange Street, Glenside SA 5065Proposal: Land Division (Torrens Title) - Creating two (2) allotments from

    one (1) existing to accommodate a new single-storey group dwelling including garage and alfresco, and a carport to the rear of the existing dwelling.

    Recommendation: Development Plan Consent be granted Representors: Annie Cleland - 28 L’Estrange Street Glenside (do not wish to

    be heard)

    Peter Hayward - 32 L’Estrange Street Glenside (do not wishto be heard)

    Geoffrey Hill - 23A Allinga Avenue Glenside (wish to beheard)

    Applicant: C/- Fyfe Pty Ltd, GPO Box 2450, Adelaide

    Report Number: 5726.3

    Page:

    Application Number: 180\1130\17 Applicant: Mr M Alliston Location: 9 Craighill Road, St Georges SA 5064 Proposal: A pair of two-storey semi-detached dwellings including front

    porches, garages, terraces, retaining walls and fencing. Recommendation: Development Plan Consent be granted Representors: Mr Elliott A Dwyer – 7 Craighill Road, St Georges (wish to be

    heard)

    Elizabeth A Barnes – 8 Brae Road, St Georges (do not wishto be heard)

    Applicant: 9 Craighill Road, St Georges

    Report Number: 5726.4

    Page:

    Application Number: 180\1254\17 Applicant: House and Land SA Location: 62 Linden Avenue, Hazelwood Park SA 5066 Proposal: Two-storey detached dwelling including garage, porch, alfresco,

    balcony, in-ground swimming pool and masonry front fence. Recommendation: Development Plan Consent be granted Representors: Rod Cheater - 36 Russell Avenue Hazelwood Park (do not

    wish to be heard)

    Josh Skinner from URPS on behalf of Mr & Mrs Underdown -64 Linden Avenue Hazelwood Park (wish to be heard)

    Applicant: PO Box 544, Kent Town

    6 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – NO PERSONS TO BE HEARD

    (A) NON-COMPLYING DEVELOPMENT APPLICATIONS (NO HEARING)

    23

    39

    55

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  • Council Assessment Panel Agenda 03 April 2018

    Nil

    (B) CATEGORY 3 DEVELOPMENT APPLICATIONS (NO HEARING)

    Nil

    (C) CATEGORY 2 DEVELOPMENT APPLICATIONS (NO HEARING)

    Nil

    7 CATEGORY 1 DEVELOPMENT APPLICATIONS FOR CONSIDERATION – NO PERSONS TO BE HEARD

    Report Number: 5726.5

    Page:

    Application Number: 180\1170\17 Applicant: Andrew Butcher Project Management Location: 27A – 29 Brigalow Avenue, Kensington Gardens Proposal: Land Division (Torrens Title) - creating three (3) allotments from

    two (2) existing and change of use from existing church to residential.

    Recommendation: Development Approval be granted

    Previously deferred item returning to the Panel for further consideration.

    Report Number: 5726.6

    Page:

    Application Number: 180\1131\17 Applicant: P and D Mitchell Location: 79 Waterfall Gully Road, Waterfall Gully Proposal: Retrospective alterations and additions to an existing three

    storey detached dwelling to provide an external lift together with the removal of two windows.

    Recommendation: Subject to concurrence from the Development Assessment Commission, that Development Plan Consent be granted

    8 OTHER BUSINESS

    Nil

    9 ORDER FOR EXCLUSION OF THE PUBLIC FROM THE MEETING TO DEBATE CONFIDENTIAL MATTERS

    That, pursuant to Section 56A(12) of the Development Act, 1993, the public be excluded from this part of the meeting of the City of Burnside Council Assessment Panel dated Tuesday 03 April 2018 (with the exception of members of Council staff who are hereby permitted to remain), to enable the Panel to receive, discuss or consider legal advice, or advice from a person who is providing specialist professional advice.

    10 CONFIDENTIAL MATTERS

    10.1 LEGAL MATTER APPEAL

    Nil

    71

    79

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  • Council Assessment Panel Agenda

    NOTES FOR THE READER

    Purpose

    The purpose of each report prepared for the Council Assessment Panel is to assist the applicant, those assessing the application and members of the public alike, to understand all of the relevant factors and considerations involved in the assessment of each particular development application.

    Development Plan Assessment

    Development in South Australia is regulated under the Development Act, 1993 and the Development Regulations, 2008.

    This legislation requires Council, which is a relevant planning authority under this legislation, to assess most applications for development against the provisions of Council’s “Development Plan”.

    The Development Plan is a policy document. The policy is formulated by the Council. It uses some “planning language” but is intended to form a useful and practical guide for the public and those responsible for the assessment of development. It is a practical policy document which the planning authority must apply to development assessment in a practical way.

    When assessing development, the relevant provisions within the Development Plan are identified. The planning authority will then usually be required to consider whether those provisions speak for or against a proposed development. Quite often the assessment task will require the planning authority to weigh the “pros and cons” of a proposed development by reference to the relevant policies within the Development Plan.

    The process involved in the assessment of each development application is contained within the above legislation. Depending on a variety of factors, including the nature of the development and the Zone within which it is proposed, applications may be classified as “complying”, “non-complying” or “merit” development. The classification of the application will determine the procedure to be followed under the legislation. Classification will also determine the public notification protocol, that is, whether the planning authority is able to provide public notification and if so, the extent of the public notification.

    Representations

    Representors will usually be provided with an opportunity to address the planning authority at its relevant meeting if they wish to be heard. In this case the relevant planning authority will hear and consider the representations prior to making its decision. It is the role of the planning authority to act as a mediator or arbitrator between representor(s) and applicant.

    The reports prepared by the Council’s staff will not separately address the content of each representation, but rather will deal with relevant town planning issues raised in any representation, together with all other relevant considerations involved in the assessment of a proposed development.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    DEVELOPMENT APPLICATION

    Application Number: 180\1250\17

    Applicant: Mr N Hainke

    Location: 110 Sydney Street GLENUNGA SA 5064

    Proposal: Demolition of existing dwelling and ancillary structures and construction of a pair of two-storey semi-detached dwellings including garages, terraces, retaining walls and fencing, and swimming pool to ‘Site B’

    Zone/Policy Area: Residential Zone

    Residential Policy Area 24 – Glenunga (North)

    Development Plan consolidated 30 May 2017

    Kind of Assessment: Merit

    Public Notification: Category 2

    One (1) representations received

    Appeal Opportunity Applicant only, no third party appeal rights

    Referrals – Statutory: Nil

    Referrals – Non Statutory: Technical Officer

    Tree Management Officer

    Delegations Policy: Unresolved representations

    Recommendation: Development Plan Consent be granted

    Recommending Officer: Renae Grida

    REPORT CONTENTS

    Assessment report: - Appendix 1 – Aerial Locality Map - Appendix 2 – Detailed Planning Assessment - Appendix 3 – Development Data Table

    Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

    Documentation provided as attachments to the report to members of the Council Assessment Panel to facilitate decision making: Plans and supporting documents Internal agency referral reports Representations received Applicant’s response to representations Photographs

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    1. DESCRIPTION OF PROPOSAL

    The applicant seeks Development Plan Consent for the demolition of an existing dwelling and ancillary structures and the construction of a pair of two-storey semi-detached dwellings including garages, terraces, retaining walls and fencing, and swimming pool to ‘Site B’ on an existing residential allotment at 110 Sydney Street Glenunga. Whilst the land has not yet formally been divided, it has been confirmed that it is the intention of the applicant to subdivide the land. Both dwellings feature mirrored floor plans, comprising a double garage, guest bedroom, master bedroom including ensuite and walk in robe, laundry, bathroom, open plan living and terrace to the ground level, and two bedrooms, bathroom, powder room and second living room to the upper floor. Site B is also inclusive of an in-ground swimming pool. The proposal includes earthworks comprising cut and fill incidental to the construction of the dwellings, and retaining walls and fencing to the boundaries.

    2. BACKGROUND

    Development Application 180\1250\17 was lodged on 29 November 2017 by Proske Architects on behalf of Neville and Anne Hainke, the registered owners of the land. The application was determined to be a merit form of development pursuant to Section 35(5) of the Development Act 1993. The building height above natural ground level does not exceed the 12m threshold to trigger non-complying development under Residential Policy Area 24 in the Burnside (City) Development Plan. For the purposes of public notification, the application was determined to be a Category 2 form of development, as prescribed by Residential Policy Area 24, Principle of Development Control 11(a), (b), (c) and (d) of the Burnside (City) Development Plan. The application documents were made available for public viewing for a period of ten (10) days, during which time Council received one (1) written submission identifying concerns with the nature of the proposed building being for two-storey semi-detached dwellings, as well as concerns over privacy, site area and frontages, boundary development and the dwellings contribution to the character of the area. A copy of the representation was forwarded to the applicant, who has provided a written response prepared by Phil Brunning – Planning Consultant. No amendments were made to the proposed plans as part of the applicant’s response to representations. As part of the assessment process, planning staff undertook internal referrals to Council’s Technical Officer and Tree Management Officer, with respect to stormwater management, access and impacts to Council infrastructure and assets. The proposal is now presented to the Council Assessment Panel (the Panel) as a Category 2 development with unresolved representations and a staff recommendation that Development Plan Consent be granted, subject to conditions and reserved matters.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    3. SUBJECT LAND AND LOCALITY ATTRIBUTES

    3.1. Subject Land

    The subject land is a single regular shaped allotment, sited on the eastern side of Sydney Street in the suburb of Glenunga. The subject land has a total site area of 1174.8m², with a single frontage to Sydney Street measuring 16.76m. The land elevates from the western front to the eastern rear by approximately 3.4m over a depth of approximately 70m. The subject land currently contains a single storey conventional dwelling constructed in 1955 and ancillary structures, to be removed. The subject land contains an existing regulated Lemon Scented Gum tree, located adjacent the front property boundary, to be retained. An existing significant Sugar Gum tree is located on the adjoining property to the north, in the rear south-eastern corner of the adjoining land, to be retained, with proposed protection measures.

    3.2. Locality

    The immediate locality comprises land on both the eastern and western sides of Sydney Street, extending to Bevington Road to the south and Queen Street to the north. The locality predominantly comprises detached dwellings, of a variety of architectural styles, and of which are a mix of single-storey and two-storey buildings. Interspersed within the locality are residential flat buildings, and group dwellings, varying an otherwise generally consistent pattern of regular shaped allotments. There is no strictly cohesive character evident within the locality, noting a variety of architectural styles are apparent, which range from contemporary, conventional, tudor and bungalow dwellings. Overall, streetscape amenity is considered to be of a high standard, which is attributed to the generally low scale character, landscaped gardens and consistency of established street trees located within the road verge.

    4. KIND OF ASSESSMENT

    Kind: Merit Reason: Development Act 1993, Section 35(5) Applicant Appeal Opportunity: Yes

    5. PUBLIC NOTIFICATION

    Category: Category 2 Reason: Residential Policy Area 24, Principle of Development Control

    11(a), (b), (c) and (d) Cut / Fill: Although a degree of cut and fill is to be undertaken, the

    proposed dwellings proposes finished floor levels that increase as they ‘step-up’ into the site, appropriately corresponding to the natural landform. Retaining walls are not considered to excessive for the locality and the earthworks are considered incidental to the construction of the dwellings and will not cause any unreasonably amenity impacts to adjacent properties or the streetscape.

    Representations Received: 112 Sydney Street Glenunga – (wish to be heard) Third Party Appeal Opportunity: No

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    Representations received are provided as an attachment to the Panel.

    Applicant’s response(s) to representations are provided as an attachment to the Panel.

    6. AGENCY REFERRALS

    Internal agency referrals are provided as an attachment to the Panel.

    7. EXECUTIVE SUMMARY

    7.1. Land Use

    In relation to the current proposal, the following comments are made: The development comprises residential development within the Residential Zone; The development involves the construction of a pair of semi-detached dwellings

    within a policy area that explicitly envisages semi-detached dwellings; The nature of the proposed built form is consistent with the low density residential

    character envisaged for the policy area; The proposed development is not identified as a non-complying kind of

    development in the Burnside (City) Development Plan; and If it can be demonstrated that the proposed development has minimal or no

    unreasonable external impacts, then consent could reasonably be expected. The proposed development is therefore an appropriate planning outcome from a land use perspective and is not considered to be seriously at variance to the Burnside (City) Development Plan.

    7.2. Character and Amenity

    The Burnside (City) Development Plan seeks the enhancement of the low scale, low density residential character, derived particularly from one-storeyed detached dwellings in a wide variety of styles, predominantly from the interwar and post-war periods; and moderate building setbacks from roads, open front gardens and grassed verges. The proposed development involves the construction of a pair of two-storey semi-detached dwellings on a large residential allotment of a size that exceeds the area guidelines for division in the form of semi-detached dwellings. Whilst the policy area acknowledges that the existing character is derived from one-storeyed detached dwellings, there is no prescribed restrictions on two-storey development. With respect to site area and frontage guidelines as prescribed by the Development Plan, Residential Policy Area 24 – Glenunga (North) seeks a site area of 500m² and frontage of 10m for semi-detached dwellings. The policy area also prescribes that where a site exceeds 1200m², the site area for semi-detached dwellings can be reduced to 400m² with 10m frontages. Irrespective, the proposed sites exceed site area guidelines, but remain shy of the 10m frontage width guideline by approximately 1.6m respectively. This departure from the Development Plan, while noteworthy and warranting of closer scrutiny has been suitably addressed through the design of the dwellings, insofar as they maintain patterns of space around buildings, provide suitable side boundary set-backs, present as single storey to the street frontage and do not result in garage dominance. The design of the proposed building is of a high standard and considered an appropriate solution for the site, in maintaining a low scale profile when viewed from the street, and minimising the extent of visible garaging across the frontage of the site. The front ‘pavilion’ section allows for increased spatial separation from the outer boundaries and retains a

    8

  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    more uniform built form, reinforcing an increased perception of a single ‘detached’ dwelling when viewed from the public realm. The design of the dwelling exhibits common contemporary features, such as simple hipped pitched roof forms, high levels of articulation and fenestration, eaves, projected elements and parapet features. The design also includes a mix of high quality external materials and finishes which are considered to positively contribute to streetscape quality and character. The scale of the proposed building is not considered to exhibit any unreasonable visual impacts with respect to bulk and scale, and massing and proportions. The building is considered balanced, appropriately set back from boundaries with respect to the ground level and upper level in a manner that is compatible with Development Plan guidelines and maintaining generous patterns of space around buildings. The generous setback of the upper level from the front property boundary further assists in reducing visual obtrusiveness of a two-storey design, and minimising impact on a low scale streetscape character that is sought to be, and in this case, considered to be, enhanced by the proposed development.

    7.3. Site Functionality

    Site coverage and total floor area calculations present a minor variance to the respective guidelines, however given the broader adherence to setback guidelines, sufficient private open space, sufficient car parking and the overall qualitative design of the dwelling these shortfalls are not considered to amount to be an overdevelopment of the site. Earthworks associated with the siting of the dwellings are considered to appropriately correspond to the natural fall of the land and finely balanced in achieving minimal manipulation of the landform and impacts to neighbouring properties. Retaining walls associated are considered reasonable in the context of the site and locality, whereby retaining does not exceed 1m of which is reasonable and expected in this residential context.

    7.4. Public Notification

    Council received one (1) written submission during the public notification period, opposing the proposed development and expressing a desire to be heard by the Panel. Primary concerns raised through this process relate to:

    Dwelling type (two-storey semi-detached dwellings) where the policy area calls for single-storey dwellings;

    Privacy (side windows providing direct views and concerns over Juliette balcony); Site area and frontage guidelines are not met; Boundary wall and associated visual impact; Positioning of dwellings in close proximity to adjoining properties; Character of the dwellings does not align with interwar and post-war dwelling

    styles and not fitting with the prevailing streetscape.

    The applicant provided a response to representations via Phil Brunning – Planning Consultant, and summarised below:

    The Development Plan provides for semi-detached dwellings and two storey construction in this location, with each proposal to be assessed on its individual merits;

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    Upper level windows that have a potential vantage or line of sight into adjoining residential properties, appropriate screening may be provided in line with Development Plan requirements, to the extent not already specified;

    It is not considered necessary to screen front (west) facing upper level windows that provide a vantage over the street and that total privacy within an otherwise open front garden area is an unreasonable expectation;

    The site areas proposed substantively meet the minimum stated by the Development Plan, which is of course expressed in an advisory, not mandatory sense such that discretion may be exercised in appropriate circumstance;

    The quality of design response for the proposed dwellings more than adequately compensates for the minor departure from site frontage otherwise sought by the Development Plan for semi-detached dwellings in this location;

    The extent of building on or in proximity to side property boundaries is not considered unreasonable or inappropriate in the circumstance, and substantively meets the measures expressed in the Development Plan;

    As demonstrated by the analysis provided, the proposal would not result in excessive shadowing to the property to the south in winter months, which would continue to enjoy suitable solar access throughout the year; and

    The proposal will be the subject of appropriate landscape plantings.

    The full report regarding the response to representations is included as an attachment. Council is satisfied that the planning matters raised through the public notification process are sufficiently addressed through the overall design of the development insofar as they are to be determined under the Development Act 1993.

    7.5. Agency Referrals

    Although no statutory referrals were required under Schedule 8 of the Development Regulations 2008, Council sought internal advice from Council’s Technical Officer to assist in determining the suitability of the development against certain provisions of the Development Plan concerning stormwater management, and Council’s Tree Management Officer to assist in determining crossover distances from adjacent street trees.

    Council is satisfied that all matters arising through this process have been suitably addressed and resolved.

    7.6. Conclusion

    Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

    8. RECOMMENDATIONS

    It is recommended that the Council Assessment Panel resolve that:

    1. The proposed development is not seriously at variance with the policies in the Development Plan; and

    2. Development Application 180\1250\17, by Mr N Hainke c/- Proske Architects, is granted Development Plan Consent subject to the following conditions and reserved matters:

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    Conditions

    1. The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason:

    To ensure the development is undertaken in accordance with the plans and details submitted.

    2. All side upper level windows as depicted on the stamped and approved plans granted Development Plan Consent shall be fitted with fixed and obscured glazing to a minimum height of 1.6m above the finished floor level. The fixed and obscured glazing shall be installed prior to the occupation or use of the building herein granted Development Plan Consent and thereafter shall be maintained to the reasonable satisfaction of Council at all times. Reason:

    To ensure the new development does not unreasonably diminish the privacy of residents in adjoining properties.

    3. All works in relation to the regulated and significant tree(s) located on-site and on adjoining land shall be undertaken in accordance with the arborist report from Jason Williams of Arborman Tree Solutions, dated 23 January 2018. Reason: To ensure that no adverse impacts result to the regulated and significant tree(s).

    4. Tree 1 identified as a Lemon Scented Gum (‘Corymbia citriodora’) located adjacent the front

    property boundary shall have a Tree Protection Zone of 9.72m as a radius from the centre of the trunk.

    Tree 2 identified as a Sugar Gum (‘Eucalyptus cladocalyx’) located on the adjoining land to the north adjacent the common property boundary shall have a Tree Protection Zone of 12.48m as a radius from the centre of the trunk.

    A project Arborist should be appointed and conduct compliance checks throughout the development process.

    A temporary fence of 1.8m shall be erected around the Tree Protection Zone prior to any work commencing on the site and shall be maintained in place until all work has been finalised. This fencing shall be constructed using the typical portable concrete block and mesh fencing around the site and label the fence "Tree Protection Zone - Keep Out".

    All construction vehicles and workers shall be kept off the root zone as designated for the Tree Protection Zone.

    No equipment/debris/building rubble or material shall be discarded/stored within the Tree Protection Zone for the full period of construction work.

    The entire Tree Protection Zone shall be laid with a 100mm deep layer of well-composted mulch that must be maintained throughout the construction period.

    All services including water and electrical connections etc., should be located as much as practicable outside the Tree Protection Zone.

    All personnel and contractors should be briefed regarding the purpose of a Tree Protection Zone and activities prohibited within the Tree Protection Zone.

    Any paving within the Tree Protection Zone should be constructed with permeable paving

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    above the existing grade. The excavation of new boundary fence posts within the Tree Protection Zone should be

    conducted using HydroVac or hand digging. If roots are found, the post hole should berelocated appropriately.

    Note: All contractors working on the site should be made specifically aware of the aboveconditions.

    Reason:

    To ensure the health of the subject tree is not unreasonably impacted by the proposeddevelopment.

    5. All mechanical machinery associated with the heating, cleaning and filtration of theswimming pool shall not emit any noise which exceeds 45dB(A) when measured from theboundary of the subject land at the closest point to the mechanical machinery.

    Reason:

    To ensure minimal amenity loss of adjacent properties.

    Reserved Matters

    1 That pursuant to Section 33(3) of the Development Act 1993, the applicant shall submit detailed proposals for the following reserved matters requiring further assessment by the City of Burnside, prior to Development Approval of the application:

    1.1 The applicant shall supply a detailed landscaping plan specifying the front yard to be landscaped, including a list of the species to be planted, the height of the species and the maturity at the time of planting and mature height of plants, shall be submitted to the Council prior to the granting of Development Approval to demonstrate how the development will contribute to streetscape amenity through the provision of landscaping as part of the development.

    Reserved Conditions

    1. Pursuant to Section 33(1) of the Development Act 1993 the DAP reserves its decision onthe form and substance of any further conditions of Development Plan Consent that itconsiders appropriate to impose in respect of the reserved matters, and this is delegatedto the Manager of City Development & Safety.

    Advisory Notes

    Driveway Conditions:

    Unless approved otherwise, construction of the driveway crossover shall be in accordancewith Council’s Standard Specification and General Conditions and completed to the reasonable satisfaction of Council.

    A shared driveway width of 6 metres is permitted across the verge and a crossover widthof 7 metres (maximum) is permitted at the kerb and gutter.

    If you elect to carry out the works yourself (or via a contractor) evidence of Public LiabilityInsurance must be provided to Council before any works can commence on the public verge/road.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    Footpath Maintenance:

    Existing footpath levels, grades etc. shall not be altered as a result of the new works associated with the development.

    Stormwater Detention:

    Due to the increase of the impermeable area, detention shall be provided to limit post development flows. Calculations shall be provided to verify the ability of the proposed detention quantity to meet the Council’s default detention and discharge requirements below:

    The volume of any detention device shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.

    The maximum rate of discharge from the site shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 40% and pervious (Cp = 0.1) area of 60%, during a 1 in 5 year flood event for a 10 minute duration.

    For stormwater management purposes, it is desirable that: An additional detention storage of 1,000Ltrs be provided in addition to the standard

    1,000Ltrs retention tank provided; and The development utilises permeable paving for the proposed external paving work

    within the development site.

    Stormwater Discharge:

    The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

    If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.

    The developer is responsible for locating all existing services and to consult with the necessary service providers if there is a conflict when placing stormwater infrastructure.

    Construction of the stormwater infrastructure is in accordance with Council’s Standard Specification and General Conditions and to the overall satisfaction of Council.

    Trenching and connections are to be undertaken as per Australian Plumbing Standards. Excess stormwater runoff from surfaces within the subject land shall be controlled and

    managed within the subject land. Excess stormwater runoff from the roof catchment shall be discharged to the street water

    table through a sealed system to the satisfaction of the Council.

    Open Space Conditions:

    The proposed crossovers require a setback of 2m from the adjacent street trees. Street trees to be protected during development with bunting set 1.5m from the trunk for

    the duration of the works. Crossovers shall be constructed using permeable materials. No storing of materials or parking of vehicles on road verge during construction. No pruning of street trees. The applicant will be liable for any damage caused to public trees during the development

    process, including damage by privately engaged contractors.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    RECOMMENDING OFFICER

    Renae Grida Development Officer – Planning

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    APPENDIX 1

    AERIAL LOCALITY MAP

    Legend

    Subject Land

    Representor’s Land

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    APPENDIX 2

    DETAILED PLANNING ASSESSMENT

    Summary of Policy Area Objectives and Principles

    Primary Residential Policy Area 24 Objectives:

    Objective 1: Enhancement of the low scale, low density residential character that is derived particularly from:

    (a) one-storeyed detached dwellings in a wide variety of styles, but predominantly from the interwar and post-war periods; and

    (b) moderate building set-backs from roads, open front gardens and grassed verges. Acknowledged, significant variations from the desired character, or the prevailing character or environmental conditions, forming, nevertheless, part of the character that is to be enhanced, are found:

    (a) in Webb Oval and Margaret Bond Reserve, large open spaces catering for a range of passive and active recreation;

    (b) on land with frontage to Portrush Road and to Glen Osmond Road; and (c) adjacent to the Business (Glen Osmond Road) Zone, the Local Centre Zone and the Community Zone.

    Subject: DP Ref

    Assessment:

    Desired Land Use O 1 Satisfied.

    The proposal maintains the existing residential use of the land. The proposal is considered to maintain the low density

    residential character sought by the Policy Area. The design of the proposed dwellings is considered to

    sufficiently address Objective 1(a) in seeking the enhancement of the low scale residential character derived from one-storeyed dwellings in variety of styles, in that the upper level is substantially setback from the street, allowing the building to contribute to the predominantly one-storeyed built form character, in a contemporary architectural style, as envisaged by the policy area.

    Local Compatibility PDC 1 Satisfied.

    The development maintains an appropriate density outcome for the site and locality.

    The policy area doesn’t provide for specific guidelines to prevent two-storey development as in other policy areas, and as such the proposed design is considered to address the predominantly single-storey streetscape (albeit the existing two-storey dwelling presentation directly across the road) thereby contributing positively to the established streetscape of Sydney Street.

    A reserved matter is included to provide for a comprehensive landscaping plan to further contribute to streetscape amenity.

    Site Areas and Frontages PDC 2–9 Minor Variance.

    The site area guideline is 500m² for semi-detached dwellings, whereby the proposal satisfies this guideline.

    The frontage guideline for semi-detached dwellings is 10m, whereby the proposal falls short by 1.62m each. The shortfall is considered minor in this instance, as the built form design is considered to adequately respond to the frontage constraints.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    Summary of Residential Zone Objectives and Principles

    Primary Residential Zone Objectives:

    Objective 1: A zone primarily for residential use with a range of dwelling types in appropriate policy areas to accommodate varied socio-economic needs.

    Objective 2: Protection and enhancement of the amenity of residential areas, with particular reference to the objectives for the relevant policy area.

    Objective 3: Residential densities varied having regard to topography, the objectives for the relevant policy area, and proximity to centres and major transport routes.

    Objective 5: Enhancement of the attractive qualities of streetscapes and particularly areas of cohesive character or visual sensitivity, through good design.

    Subject:

    DP Ref Assessment:

    Zoning and Land Use O 1–8 PDC 1

    Satisfied.

    See policy area comments. Building Appearance PDC 2–4

    Satisfied. The proposed building is considered to have due regard to the

    siting, massing and proportions, roof form and pitch of existing buildings in the streetscape.

    The upper level is sufficiently setback from the street so as to maintain the low scale built form character, and sufficiently set back from side boundaries so as not be obtrusive in bulk and scale.

    The contemporary style of the dwelling is envisaged by the policy area, where it is acknowledged that there are dwellings of a variety of styles, as evident along Sydney Street.

    Design for Topography PDC 5 Satisfied.

    The proposed bench level is considered acceptable and retaining walls required are not considered excessive.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    Summary of Council Wide Objectives and Principles

    Primary Residential Development Objectives:

    Objective 11: Development of a high design standard and appearance that responds to and reinforces positive aspects of the local environment and built form.

    Objective 52: A compact metropolitan area.

    Objective 53: A variety and choice of dwelling types to meet the needs and preferences of all sections of the community.

    Objective 54: Containment of housing costs through the encouragement of a full range of design and development techniques.

    Objective 55: Safe, pleasant, accessible and convenient residential areas.

    Objective 56: Residential development which moderates adverse climatic conditions, takes advantage of solar energy, does not unreasonably overshadow adjacent development, and protects the natural environment.

    Objective 58: The revitalisation of residential areas to support the viability of community services and infrastructure.

    Subject:

    DP Ref Assessment:

    Zoning and Land Use O 52–60 Satisfied.

    See policy area comments. Design and Appearance

    O 11 PDC 14–18, 23-28

    Satisfied.

    The modern appearance of the proposed dwellings is not in conflict with other dwellings within the locality, whereby the Policy Area seeks dwellings of a variety of styles, and as such is expected to make a positive contribution to the locality.

    The hipped roof form, together with and projecting elements such as parapet and blade walls, increases articulation and adds visual interest.

    Building Set-backs PDC 161–163 Front Set-backs

    Satisfied.

    Side Set-backs Minor Variance.

    Upper level side setbacks generally comply with the 4m setback guideline, albeit the length of the rear portion comprising bedrooms 2 and 3, which has a reduced set back of 3.5m. This shortfall is not considered fatal to the proposal, in that it maintains sufficient spatial separation from outer boundaries, has little difference in terms of overshadowing impacts (0.5m variance), and is not considered to exhibit unreasonable visual impact with respect to bulk and scale.

    Rear Set-backs Satisfied.

    Building Height PDC 164 Minor Variance.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    CW PDC 163 envisages dwellings being no more than two-storeys, and a building height of 9m above natural ground level. Whilst the overall height from natural ground level is measured at 10m, the figure is taken from the lowest point of natural ground beneath the building envelope to the highest part of the building – it is noted that the height from the tallest part of the building to the natural ground level directly beneath measures at 9.6m.

    Site Coverage PDC 165 Minor Variance.

    The proposal only marginally exceeds the 40% guideline, and given setbacks aligns with the DP, the variance is considered inconsequential.

    Total floor area does exceed the 50% guideline by some 8%, given the upper floor component is well setback and designed so as to minimise external impact, the upper level floor area is not considered to amount to an overdevelopment of the site.

    Private Open Space PDC 166, 169 Satisfied.

    Amenity O11, 20–22 PDC 14–18, 52-69, 170-173

    Satisfied.

    The proposal is not expected to have an unreasonable impact upon the amenity of either occupiers of adjoining land or visual amenity to the streetscape.

    The siting of the dwellings is such that it provides for sufficient spatial separation in adhering to setback guidelines so as to reduce impacts on visual amenity to neighbouring properties, with particular attention drawn to the front ‘pavilion’ section of the building largely obscuring the garages from having any visual prominence within the streetscape, and further enhancing the degree of spatial separation of the building from outer boundaries.

    The design of the dwellings is consistent with built form within the Policy Area and the proposal includes appropriate privacy treatments to ensure minimal interference with adjoining land.

    Privacy PDC 22, 174–176 Satisfied.

    Upper level side elevations are inclusive of fixed and obscured glazing to a minimum height of 1.6m above finished floor level, consistent with CW PDC 175 and included as a condition of consent.

    Upper level rear elevations do not have any windows. It is not considered necessary to include privacy measures to

    west facing upper level windows (front elevation) as views are directed to the public realm.

    Access and On-Site Car Parking PDC 177–182

    Satisfied.

    Each dwelling provides for sufficient off-street car parking as per Table Bur/5.

    Access to Sunlight PDC 21, 183–186 Satisfied.

    Shadow diagrams are provided with the application demonstrate that the extent of the upper level does not cause significant loss of solar access that is indifferent to that of single-storey

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    development. More than half the private open space to the south retains

    access to sunlight as a result of the proposed development. Fences and Retaining Walls PDC 190–194 Satisfied.

    The combined height of fencing and retaining walls to side and rear boundaries is reasonable and expected in this residential context.

    Safety and Security PDC 195–198 Satisfied.

    Trees and Other Vegetation

    O 24-28 PDC 77-92

    Satisfied.

    Tree 1 (Lemon Scented Gum) is a tree achieving a trunk circumference of regulated size. It is noted that in its current position, being within 10m of the existing dwelling on the site, it would be exempt under the Development Regulations 2008. It is noted to be retained and as such once the existing dwelling is demolished it would be a protected tree by virtue of its size. Arboricultural advice has been provided from Arborman Tree Solutions, identifying the level of encroachment to be 26% of the TPZ amounting to a ‘major encroachment’ under AS4970-2009. It has been

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.1

    APPENDIX 3

    DEVELOPMENT DATA TABLE

    Site Characteristics Dwelling A Dwelling B Guideline

    Site Area 587.4m² 587.4m² 500m2

    Street Frontage 8.38m 8.38m 10m

    Design Characteristics Guideline

    Site Coverage - Buildings only 251m²

    42.7% 255m² 43.4%

    40%

    - Buildings and driveways 316m² 53.8%

    320m² 54.4%

    50%

    - Total floor area 340m² 57.8%

    344m² 58.5%

    50%

    Building Height - storeys 2 2 2 storeys - metres 10m (lowest natural

    ground point beneath the building footprint)

    10m (lowest natural ground point beneath the building footprint)

    9m

    Set-backs Lower Level

    - front boundary 7.1m 7.1m 8m - side boundary 2m – 3.35m (n)

    Party wall (s) Party wall (n) 1.23m – 3.35m (s)

    2m

    - rear boundary 12.5m 10.6m 4m Upper Level

    - front boundary 18.2m 18.2m 8m - side boundary 4m – 3.5m (n)

    Party wall (s) Party wall (n) 4m – 3.5m (s)

    4m

    - rear boundary 29.8m 29.8m 8m Boundary Wall

    - length 7.1m (garage) 7.1m (garage) 5.7m (terrace)

    8m

    - height 3.175m (garage) 3.175m (garage) 3.6m (terrace)

    3m

    Private Open Space - percentage 172m²

    50.5% of TFA 172m² 50% of TFA

    50%

    - dimensions 8m x 12m 8m x 12m 5m x 8m Car Parking and Access

    - number of parks 3 3 3 - width of driveway 3.35m 3.35m 4.5m - width of garage/carport door 5.3m

    63.2% 5.3m 63.2%

    33%

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    DEVELOPMENT APPLICATION

    Application Number: 180\1140\17

    Applicant: Fyfe Pty Ltd

    Location: 30 L’Estrange Street GLENSIDE SA 5065

    Proposal: Land Division (Torrens Title) - Creating two (2) allotments from one (1) existing to accommodate a new single-storey group dwelling including garage and alfresco, and a carport to the rear of the existing dwelling

    Zone/Policy Area: Residential Zone

    Residential Policy Area 20 – Glenside (Village)

    Development Plan consolidated 30 May 2017

    Kind of Assessment: Merit

    Public Notification: Category 2

    Three (3) representations received

    Appeal Opportunity Applicant only, no third party appeal rights

    Referrals – Statutory: DAC

    SA Water

    Referrals – Non Statutory: Technical Officer

    Tree Management Officer

    Delegations Policy: Unresolved representations

    Recommendation: Development Plan Consent be granted

    Recommending Officer: Renae Grida

    REPORT CONTENTS

    Assessment report: - Appendix 1 – Aerial Locality Map - Appendix 2 – Detailed Planning Assessment - Appendix 3 – Development Data Table

    Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

    Documentation provided as attachments to the report to members of the Council Assessment Panel to facilitate decision making: Plans and supporting documents External agency referral reports Internal agency referral reports Representations received Applicant’s response to representations Photographs

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    1. DESCRIPTION OF PROPOSAL

    The applicant seeks Development Plan Consent, and Land Division Consent for the division of the subject land into two allotments to accommodate the construction of a new single-storey group dwelling. The Torrens Title land division is proposed in a battle-axe format, whereby proposed Lot 10 is to retain the existing dwelling fronting L’Estrange Street, with the head of the allotment, proposed Lot 11 at the rear to accommodate the new dwelling. The new dwelling will comprise a double garage, 4 bedrooms, 3 bathrooms, 2 living areas, kitchen, porch and verandah, and accessed via a proposed unrestricted right of way. Alterations to the existing dwelling involve the removal of the carport located on the northern side of the dwelling and the construction of a new double carport located at the rear, accessed via a proposed unrestricted right of way. The rest of the existing dwelling is maintained as per existing. The existing crossover is proposed to be widened to accommodate shared access. There are no identified regulated or significant trees on either the subject land or adjoining land.

    2. BACKGROUND

    Development Application 180\1140\17 was lodged on 31 October 2017 by Fyfe Pty Ltd, on behalf of the registered owner of the land. Pursuant to Section 35(5) of the Development Act 1993, the application was determined to be assessed on merit against the provisions of the Burnside (City) Development Plan as Category 2 development in accordance with Residential Policy Area 20 – Glenside (Village), Principle of Development Control 11(b) and (d) as the development involves the proposed dwelling abutting a boundary of the site, and there being more than one dwelling within the site at the time the development is proposed.

    The application documents were made available for public viewing for a period of ten (10) days, during which time Council received three (3) written submissions identifying concerns relating primarily to fencing, trees, noise and car parking. The representations were forwarded to the applicant, who responded to the matters that arose during the notification process.

    The application was also referred to Council’s Technical Officer and Tree Management Officer, who provided comment and advice in support of the application. Council also received referrals from DAC and SA Water via EDALA regarding the land division component of the proposal.

    The application is now presented to the Council Assessment Panel (the Panel) as a Category 2 development with unresolved representations and a staff recommendation that Development Plan Consent be granted, subject to conditions.

    3. SUBJECT LAND AND LOCALITY ATTRIBUTES

    3.1. Subject Land

    The subject land consists of a single parcel of residential land, with a frontage of 15.24m to L’Estrange Street, a depth of 70.1m and covering an area of approximately 1068.3m². The land is generally flat, with a minor elevation from the front the rear of the site.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    The subject land currently contains a single-storey symmetrical cottage constructed in the early 1900’s, positioned close to the street frontage. The site contains ancillary structures and vegetation to the rear.

    3.2. Locality

    Residential Policy Area 20 (RPA 20) notes the area comprises a wide variety of dwellings, in terms of their types, heights, periods and styles. The immediate locality of L’Estrange Street comprises a mix of conventional, cottage, villa and bungalow style dwellings, predominantly single-storey and of similar scale and proportions. Interspersed are a number of group dwellings and residential flat buildings, all of which contribute to a mixed residential character. Streetscape amenity of considered to be of a high standard, which is further attributed by grassed verges, and mature and consistent street trees.

    4. KIND OF ASSESSMENT

    Kind: Merit Reason: Development Act 1993, Section 35(5) Applicant Appeal Opportunity: Yes

    5. PUBLIC NOTIFICATION

    Category: Category 2 Reason: Residential Policy Area 20, Principle of Development Control

    11(b) and (d) Representations Received: 28 L’Estrange Street Glenside (do not wish to be heard)

    32 L’Estrange Street Glenside (do not wish to be heard) 23A Allinga Avenue Glenside (wish to be heard)

    Third Party Appeal Opportunity: No

    Representations received are provided as an attachment to the Panel.

    Applicant’s response(s) to representations are provided as an attachment to the Panel.

    6. AGENCY REFERRALS

    External agency referrals are provided as an attachment to the Panel.

    Internal agency referrals are provided as an attachment to the Panel.

    7. EXECUTIVE SUMMARY

    7.1. Land Use

    In relation to the current proposal, the following comments are made: The development involves the retention of the existing dwelling, maintaining and

    enhancing the low scale streetscape character; The development involves the construction of single-storey group dwelling on an

    allotment that achieves the minimum allotment size for land division of this nature; The nature of the proposed built form is considered consistent with the low-to-

    medium density residential character envisaged for the policy area;

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    The proposed development is not identified as a non-complying kind of development in the Burnside (City) Development Plan; and

    If it can be demonstrated that the proposed development has minimal or no unreasonable external impacts, then consent could reasonably be expected.

    The proposed development is therefore suitable from a land use perspective and not considered to be seriously at variance to the Burnside (City) Development Plan.

    7.2. Character and Amenity

    RPA 20 seeks to enhance the low-to-medium density residential character, which is derived from a wide variety of dwelling types, heights, periods and styles in a variety of configurations. Group dwellings and hammerhead allotments are both envisaged by the policy area and evident within the established streetscape. A minimum site area guideline of 400m² for group dwellings is suggested by RPA 20, Principle of Development Control (PDC) 7, with an exception being when proposed as part of a battle-axe arrangement, where a minimum area for the ‘head’ being 450m² (excluding the driveway) as suggested by RPA 20 PDC 8. In this case, the ‘head’ (Lot 11) proposes a site of 459.1m² and the balance (Lot 10) an area of 397.6m² with the right of way driveway retaining an area of 211.6m². With the exception of the minor shortfall of Lot 10, the proposal is considered to satisfy the Development Plan with respect to density and quantitative site area guidelines. The frontage is retained as per existing from a streetscape perspective, albeit the widening of the existing crossover. The proposal is considered to substantially maintain and enhance the existing character of the streetscape and locality. The retention of the existing cottage means that the streetscape presentation of the site remains largely unaltered. The existing carport will be replaced with a common driveway, reducing the building bulk and increasing the pattern of space around buildings in the streetscape, and thereby reducing the visual effect of carports/garaging as they present to L’Estrange Street. The proposed dwelling at the rear, which will be of a contemporary style, is largely obscured from view due to its proposed location, however is largely envisaged by the policy area, which anticipates a ‘wide variety’ of dwelling types and styles.

    7.3. Site Functionality

    In terms of setbacks, the existing dwelling maintains its relationship to neighbouring properties and the streetscape as per the current situation. The northern side wall of the existing dwelling is to be sited on the new northern boundary of Lot 10 as it adjoins the proposed right of way. The site retains sufficient private open space to the rear for use in association with the dwelling. The dwelling to be sited on Lot 11 is considered appropriately sited in terms of responding to the guidelines of the Development Plan and minimising impact on neighbours in terms of visual amenity. The extent of boundary development to the northern boundary is within the parameters seen as acceptable by the Development Plan, and maintains side and rear boundary setbacks that generally accord with CW PDC 161. The appropriate siting off relative boundaries and the nature of the built form being single-storey results in a low scale outcome which is not considered to unreasonably impact adjoining properties in terms of adverse visual impacts. Whilst there is a shortfall in the quantitative guidelines for private open space for use in association with the proposed new dwelling to Lot 11, what is provided is considered to meet the qualitative guidelines of CW PDC 167 and reasonably satisfies the Development

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    Plan in providing an area for reasonable use by the occupants of the dwelling that achieves the minimum dimensions prescribed. Access is considered a key consideration in the functionality of the proposed development. It is noted that the proposed right of way will be used for vehicular access for both dwellings. CW PDC 176 seeks that where a driveway is to service two dwellings, a 6m x 6m passing bay is required at the property boundary to facilitate two-way movement, in addition to a 3.5m driveway width. The access point achieves a 6m x 6m portion at the road boundary, whilst allowing for a 2.2m clearance from the adjacent street tree as required by Council’s Tree Management Officer. On-site manoeuvring has been reviewed by Council’s Technical Officer and deemed appropriate. Whilst the driveway width narrows to 3.1m in lieu of the desired 3.5m (to achieve the landscaping strip adjacent the northern boundary) Council’s Technical Officer has advised that the width only allows for one car at a time, and given the 6m x 6m is achieved at the front of the site, the reduced width is sufficient. Each dwelling accommodates two off-street car parking spaces, which satisfies Table Bur/5 guidelines.

    7.4. Public Notification

    Council received three (3) written submissions during the public notification period, one of which expressed a desire to be heard by the Panel. Primary concerns raised through this process relate to:

    Common boundary fencing detail and whether the site has been surveyed; Vegetation to be removed; Noise and amenity; Car parking and increased traffic impact; Block is considered too narrow to accommodate the proposed development.

    The applicant provided a response to representations, as summarised below:

    Southern boundary and eastern boundary fencing to be retained; Northern boundary fence proposed to be replaced and discussed with the owner of

    28 L’Estrange Street; No trees meet criteria to be considered regulated or significant trees; Tree in the north-eastern corner can be retained; It is not anticipated that any excessive noise generating activities would be carried

    out on the subject land; Noise relating to air conditioning units etc. are not anticipated to exceed EPA

    guidelines; Landscaping adjacent the driveway and carport are proposed to provide an

    effective visual and acoustic buffer to noise arising from vehicles; Increased setback to the southern boundary to off-set concerns raised by the

    neighbour with respect to the use of their outbuilding; Car parking meets the expectation of the Development Plan plus one off-street

    visitor space; Driveway to be constructed with permeable paving to address high levels of hard

    surface cover. The full report regarding the amendments made and written response to representations is included as an attachment. Council is satisfied that the planning matters raised through the public notification process are sufficiently addressed through the overall design of the development insofar as they are to be determined under the Development Act 1993

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    7.5. Agency Referrals

    Although no statutory referrals were required under Schedule 8 of the Development Regulations 2008, Council sought internal advice from Council’s Technical Officer to assist in determining the suitability of the development against certain provisions of the Development Plan concerning stormwater management, and Council’s Tree Management Officer to assist in determining crossover distances from adjacent street trees.

    Council is satisfied that all matters arising through this process have been suitably addressed and resolved

    7.6. Conclusion

    Having regard to all of the relevant Objectives and Principles of Development Control of the Burnside (City) Development Plan, the proposed development is not considered seriously at variance with, and is generally in accordance with, the policies of the Development Plan.

    8. RECOMMENDATIONS

    It is recommended that the Council Assessment Panel resolve that:

    1. The proposed development is not seriously at variance with the policies in the Development Plan; and

    2. Development Application 180\1140\17, by Fyfe Pty Ltd, is granted Development Plan Consent subject to the following conditions :

    Conditions

    1. The development granted Development Plan Consent shall be undertaken in accordance with the stamped approved plans, drawings, specifications and other documents submitted to the Council that are relevant to the consent to the reasonable satisfaction of the Council, except where varied by conditions below. Reason:

    To ensure the development is undertaken in accordance with the plans and details submitted.

    2. The establishment of all landscaping shall be undertaken within two (2) months of the substantial completion of development and in any event prior to the occupation or use of the development. Such landscaping shall be maintained in good health and condition to the satisfaction of the Council at all times and any dead or diseased plants or trees shall be immediately replaced to the reasonable satisfaction of the Council. Reason:

    To provide amenity for the occupants of buildings and those of adjacent buildings through the provision of landscaping as part of the development.

    3. The driveway depicted on the stamped and approved plans granted Development Plan Consent shall be tapered to a maximum width of 6m at the property boundary. Reason: To ensure minimal impacts to Council verge.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    Land Division Conditions

    1. Pursuant to Section 33 of the Development act 1993, it is necessary for the developer to satisfy the following requirements of the SA Water Corporation: The financial requirements of SA Water shall be met for the provision of water supply

    and sewerage services. The alteration of internal drains to the satisfaction of SA Water is required. Subject to our new process, on receipt of the developer details and site specifications an

    investigation will be carried out to determine if the connections to your development will be standard of non standard fees.

    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.

    Reason:

    To satisfy the requirements of the SA Water Corporation.

    2. Payment of $6830 shall be made into the Planning and Development Fund (1 allotment(s) @ $6830/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. Reason:

    To satisfy the requirements of the Development Assessment Commission.

    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.

    Reason: To satisfy the requirements of the Development Assessment Commission.

    4. Eaves or walls within 900mm from a boundary shall comply with Part 3.7.1.5, and walls

    separating Class 1 buildings shall comply with Part 3.7.1.8 of the National Construction Code Building Code of Australia 2016 Vol 2. Any eaves/walls required to comply with these provisions are to be inspected and confirmed in writing by a suitably qualified builder or Private Certifier that the walls satisfy this provision of the Building Code of Australia, prior to Council issuing Section 51 Clearance. Reason: To ensure the proposal satisfies the requirements of the Building Code of Australia.

    5. All buildings, structures, concrete slabs, deleterious materials and alike shall be removed from the area of land comprising 'Lot 11' prior to issuing of section 51 clearance.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    Where building work is required to be undertaken to ensure compliance with the above, a separate application under the Development Act 1993 shall be lodged for assessment and approved by Council prior to the works being undertaken.

    Reason:

    To ensure the land is in a fit purpose for subdivision.

    Advisory Notes

    Engineering Requirements:

    Driveway Conditions:

    Unless approved otherwise, construction of the driveway crossover shall be in accordance with Council’s Standard Specification and General Conditions and completed to the reasonable satisfaction of Council.

    A shared driveway width of 6 metres is permitted across the verge and a crossover width of 7 metres (maximum) is permitted at the kerb and gutter.

    A minimum distance of 1.0 metre shall be maintained from the closest point of the driveway to the stobie pole.

    If you elect to carry out the works yourself (or via a contractor) evidence of Public Liability Insurance must be provided to Council before any works can commence on the public verge/road.

    Footpath Maintenance:

    Existing footpath levels, grades etc. shall not be altered as a result of the new works associated with the development.

    Stormwater Detention:

    Due to the significant increase of the impermeable area, detention shall be provided to limit post development flows. Calculations shall be provided to verify the ability of the proposed detention quantity to meet the Council’s default detention and discharge requirements below: The volume of any detention device shall be equal to the volume of water generated on

    the site with an impervious (Cp = 0.9) site coverage of 75% and pervious (Cp = 0.1) area of 25%, during a 1 in 20 year flood event for a 10 minute duration.

    The maximum rate of discharge from the site shall be equal to the volume of water generated on the site with an impervious (Cp = 0.9) site coverage of 40% and pervious (Cp = 0.1) area of 60%, during a 1 in 5 year flood event for a 10 minute duration.

    For stormwater management purposes, it is desirable that: An additional detention storage of 1,000Ltrs be provided in addition to the standard

    1,000Ltrs retention tank provided; and The development utilises permeable paving for the proposed external paving work

    within the development site.

    Stormwater Discharge:

    The stormwater pipe across the road verge should terminate at an approved galvanised steel kerb adaptor.

    If the cover to the stormwater pipe across the Council verge is less than 65mm, steel pipe housing is to be used as per Council’s standards.

    The developer is responsible for locating all existing services and to consult with the necessary service providers if there is a conflict when placing stormwater infrastructure.

    Construction of the stormwater infrastructure is in accordance with Council’s Standard Specification and General Conditions and to the overall satisfaction of Council.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    Trenching and connections are to be undertaken as per Australian Plumbing Standards. Excess stormwater runoff from the roof catchment shall be discharged to the street water

    table through a sealed system to the satisfaction of the Council.

    Street Trees:

    The proposed widening of the crossover requires a Setback of 2.2m from the adjacent Jacaranda street tree.

    Street trees to be protected during development with bunting set 1.5m from trunk for duration of works.

    Crossover to be constructed using Permeable materials. No storing of materials on road verge during construction. No pruning of street trees. No vehicles on road verge at any time during development. The applicant will be liable for any damage caused to public trees during the development

    process, including damage by privately engaged contractors.

    RECOMMENDING OFFICER

    Renae Grida Development Officer – Planning

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    APPENDIX 1

    AERIAL LOCALITY MAP

    Legend

    Subject Land

    Representor’s Land

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    APPENDIX 2

    DETAILED PLANNING ASSESSMENT

    Summary of Policy Area Objectives and Principles

    Primary Residential Policy Area 20 Objectives:

    Objective 1: Enhancement of the low-to-medium density residential character that is derived particularly from:

    (a) a wide variety of dwellings, in terms of their types, heights, periods and styles, with multi-storey residential flat buildings to the south of the District Centre; and

    (b) continuing provision being made for a greater range and increased density of residential development, given the proximity of the Policy Area, and its ready pedestrian access, to the District Centre Zone and to public transport services.

    Acknowledged, significant variations from the desired character, or the prevailing character or environmental conditions, forming, nevertheless, part of the character that is to be enhanced, are found:

    (a) on land with frontage to Portrush Road and to Greenhill Road; (b) in the interfaces with the District Centre Zone, the Mixed Use (Glenside) Zone and the Local Centre

    Zone; and (c) within 150 metres of Portrush Road and the District Centre Zone, where greater intensity of activity and

    movement occurs. Subject:

    DP Ref Assessment:

    Desired Land Use O 1 Satisfied.

    The proposal maintains the existing residential use of the land. The proposal achieves the low-to-medium density residential

    character sought by the policy area. Local Compatibility PDC 1 Satisfied.

    The development maintains an appropriate density outcome for the site and locality.

    The proposed land division and new dwelling at the rear has no impact on the existing streetscape character as the new dwelling will not be prominently visible from L’Estrange Street.

    Streetscape character is largely maintained as per existing with the retention of the existing dwelling fronting the street.

    The proposed new dwelling is of a low scale built form, maintaining the massing and proportions currently observed in the locality.

    The pattern of division is characteristic of the locality. Site Areas and Frontages PDC 2–9 Minor Variance.

    RPA 20, PDC 8 seeks battleaxe allotments being created only if the head of the allotment has an area of not less than 450m², whereby proposed Lot 11 exceeds this guideline.

    RPA 20, PDC 7 states that the site are per dwelling of any type other than a detached, semi-detached or row dwelling (averaged for group dwellings and residential flat buildings) should be not less than 400m² - in this case the site of Lot 10 falls marginally short.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    Summary of Residential Zone Objectives and Principles

    Primary Residential Zone Objectives:

    Objective 1: A zone primarily for residential use with a range of dwelling types in appropriate policy areas to accommodate varied socio-economic needs.

    Objective 2: Protection and enhancement of the amenity of residential areas, with particular reference to the objectives for the relevant policy area.

    Objective 3: Residential densities varied having regard to topography, the objectives for the relevant policy area, and proximity to centres and major transport routes.

    Objective 5: Enhancement of the attractive qualities of streetscapes and particularly areas of cohesive character or visual sensitivity, through good design.

    Subject:

    DP Ref Assessment:

    Zoning and Land Use O 1–8 PDC 1

    Satisfied.

    Building Appearance PDC 2–4

    Satisfied. The proposed new dwelling is considered to have due regard to

    the siting, massing and proportions, roof form and pitch of existing buildings in the locality.

    The contemporary style of the dwelling is envisaged by the policy area, where it is acknowledged that there are dwellings of a variety of styles.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    Summary of Council Wide Objectives and Principles

    Primary Residential Development Objectives:

    Objective 11: Development of a high design standard and appearance that responds to and reinforces positive aspects of the local environment and built form.

    Objective 52: A compact metropolitan area.

    Objective 53: A variety and choice of dwelling types to meet the needs and preferences of all sections of the community.

    Objective 54: Containment of housing costs through the encouragement of a full range of design and development techniques.

    Objective 55: Safe, pleasant, accessible and convenient residential areas.

    Objective 56: Residential development which moderates adverse climatic conditions, takes advantage of solar energy, does not unreasonably overshadow adjacent development, and protects the natural environment.

    Subject:

    DP Ref Assessment:

    Zoning and Land Use

    O 52–60 Satisfied.

    Design and Appearance O 11 PDC 14–18, 23-28

    Satisfied.

    The proposed new dwelling is largely obscured from prominent view from the public realm due to the retention of the existing dwelling fronting the street.

    Building Set-backs PDC 161–163 Front Set-backs

    Satisfied.

    Side Set-backs Satisfied.

    Side setbacks largely adhere to the guidelines of CW PDC 161 and are considered sufficient in providing spatial separation to reduce amenity impacts.

    Rear Set-backs Satisfied.

    Building Height PDC 164 Satisfied.

    Site Coverage PDC 165 Minor Variance.

    Site coverage associated with the existing dwelling to be retained (Lot 10) satisfies CW PDC 164.

    Site coverage associated with the proposed new dwelling (Lot 11) exceeds the 40% guideline, however is not considered to amount to adverse impacts in terms of loss of amenity to neighbouring properties.

    Private Open Space PDC 166, 169 Minor Variance.

    The proposed new dwelling (Lot 11) presents with a quantitative shortfall in achieving POS, however achieves the qualitative guidelines of CW PDC 166 and on balance is considered to

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    achieve the intent of the provision. Amenity O11, 20–22 PDC 14–18, 52-69, 170-173

    Satisfied.

    The proposal is not expected to have an unreasonable impact upon the amenity of either occupiers of adjoining land or visual amenity to the streetscape.

    The siting of the dwellings is such that it provides for sufficient spatial separation in adhering to setback guidelines, and maintains t a low scale building profile so as to reduce impacts on visual amenity to neighbouring properties.

    Privacy PDC 22, 174–176 Satisfied.

    Access and On-Site Car Parking PDC 177–182

    Satisfied.

    Each dwelling achieves 2 off-street car parking spaces and one additional visitor space which is in excess of what the Development Plan asks for.

    The proposed right of way (common driveway) achieves the desired 6m x 6m access point to allow for two-way movement.

    On-site manoeuvring has been reviewed by Council’s Technical Officer and deemed a workable solution.

    Access to Sunlight PDC 21, 183–186 Satisfied.

    Fences and Retaining Walls PDC 190–194 Satisfied.

    Safety and Security PDC 195–198 Satisfied.

    Trees and Other Vegetation

    O 24-28 PDC 77-92

    Satisfied.

    The applicant has confirmed that there are no regulated or significant trees affected by the proposed development.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.2

    APPENDIX 3

    DEVELOPMENT DATA TABLE

    Site Characteristics Lot 10 (Existing dwelling to be retained)

    Lot 11 (Proposed new dwelling)

    Guideline

    Site Area 397.6m² 459.1m² 450m² (head of a battleaxe allotment)

    Street Frontage 15.24m N/A 14m

    Design Characteristics Guideline

    Site Coverage - Buildings only 142.8m²

    35.9% 232.4m² 50.6%

    40%

    - Buildings and driveways 50% Building Height

    - storeys 1 1 2 storeys - metres Existing 5.7m 9m

    Set-backs Ground Level - front boundary Existing N/A 8m - side boundary On boundary of right of

    way (n) Existing (s)

    On boundary (n) 1.2m (s)

    2m

    - rear boundary 6.6m 5m 4m Boundary Wall

    - length 12m (on internal boundary of right of way)

    7.4m (garage wall) 8m

    - height Existing 3m (garage wall) 3m Private Open Space

    - percentage 113.9m² 79.7% of TFA

    130.5m² 28.4% of TFA

    50%

    - dimensions 11m x 6m 5m x 15m 5m x 8m Car Parking and Access

    - number of parks 2 2 2 - width of driveway 6m 6m 4.5m - width of garage/carport door N/A N/A 33%

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.3

    DEVELOPMENT APPLICATION

    Application Number: 180\1130\17

    Applicant: Mr M Alliston

    Location: 9 Craighill Road ST GEORGES SA 5064

    Proposal: A pair of two-storey semi-detached dwellings including front porches, garages, terraces, retaining walls and fencing.

    Zone/Policy Area: Residential Zone

    Residential Policy Area 25 – St Georges

    Development Plan consolidated 30 May 2017

    Kind of Assessment: Merit

    Public Notification: Category 2

    Two (2) representations received

    Appeal Opportunity Applicant only, no third party appeal rights

    Referrals – Non Statutory: Technical Officer

    Tree Management Officer

    Delegations Policy: Unresolved representations

    Recommendation: Development Plan Consent be granted

    Recommending Officer: Renae Grida

    REPORT CONTENTS

    Assessment report: - Appendix 1 – Aerial Locality Map - Appendix 2 – Detailed Planning Assessment - Appendix 3 – Development Data Table

    Please note that due to Federal Copyright Law restrictions, attachments associated with the proposed development are not made available to the public.

    Documentation provided as attachments to the report to members of the Council Assessment Panel to facilitate decision making: Plans and supporting documents Internal agency referral reports Representations received Applicant’s response to representations Photographs

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.3

    1. DESCRIPTION OF PROPOSAL

    The applicant seeks Development Plan Consent for the construction of a pair of two-storey semi-detached dwellings, inclusive of front porches, double garages, terraces, retaining walls and fencing, on a single existing residential allotment within Residential Policy Area 25 – St Georges. Whilst the land has not yet formally been divided, it has been confirmed that it is the intention of the applicant to subdivide the land. Each dwelling comprises a mirrored floor plan, comprising double garaging, main bedroom with ensuite and walk in robe, laundry, w/c, open plan living areas and alfresco to the ground level, as well as 3 bedrooms, bathroom and retreat to the upper level. The dwelling will be externally finished with exposed brick, horizontal cladding, Colorbond roof cladding, timber entry doors and parapet detailing in a neutral colour tone.

    Also included in the application are side and rear boundary concrete sleeper retaining walls varying in height, with 2 metre high Colorbond fencing atop. Plans provided also include details of a new front fence with lightweight 1.8 metre high rendered piers, as well as pedestrian and driveway gates.

    2. BACKGROUND

    Development Application 180\1130\17 was lodged on 3 November 2017 by Mr M Alliston, the registered owner of the land. The proposal was determined to be a Category 2 form of development pursuant to the Burnside (City) Development Plan, to be assessed on merit. The application was made available for public consultation for a period of ten (10) days, during which time Council received two (2) written submissions, identifying concerns relating primarily to site area and frontage guidelines, overlooking, boundary fencing, stormwater, character and amenity, floor area and vegetation. The applicant provided a written response to concerns raised as well as provided further supplementary information including a landscaping plan.

    As part of the assessment process the application was also referred to Council’s Technical Officer and Tree Management Officer to assess the suitability of access arrangements, as well as general impacts on Council infrastructure. An assessment against the relevant provisions of the Development Plan has now been completed and the application is presented to the Council Assessment Panel (the Panel) with a staff recommendation that consent be granted, subject to conditions.

    3. SUBJECT LAND AND LOCALITY ATTRIBUTES

    3.1. Subject Land

    The subject land is an existing rectangular shaped residential allotment fronting Craighill Road. The land has a single frontage to the public road measuring approximately 18.29m, a depth of approximately 48.16 metres and a total area of approximately 880.84 square metres. The land has a descending slope from the front south-east corner to the rear south-west corner of approximately 4.1 metres and is currently occupied by a two-storey detached dwelling constructed during the early 1950’s in the Conventional style.

    3.2. Locality

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.3

    The locality comprises both sides of Craighill Road, bound by Portrush Road to the west and Purnana Avenue to the east, and is located wholly within Residential Policy Area 25 – St Georges.

    The pattern of subdivision is relatively regular, with rectangular shaped allotments on both sides of the road, with the exception of allotments comprising group dwellings and residential flat buildings toward the edges of the identified locality. The locality is comprised predominantly of 1950’s Conventional dwellings on single allotments; however examples of other dwelling styles and recent site redevelopments are also noticeable.

    4. KIND OF ASSESSMENT

    Kind: Merit Reason: Development Act 1993, Section 35(5) Applicant Appeal Opportunity: Yes

    5. PUBLIC NOTIFICATION

    Category: Category 2 Reason: Residential Policy Area 25, Principle of Development Control

    7(a), (c) and (d) Representations Received: 7 Craighill Road, St Georges (wish to be heard)

    8 Brae Road, St Georges (do not wish to be heard) Third Party Appeal Opportunity: No

    Representations received are provided as an attachment to the Panel.

    Applicant’s response(s) to representations are provided as an attachment to the Panel.

    6. AGENCY REFERRALS

    Internal agency referrals are provided as an attachment to the Panel.

    7. EXECUTIVE SUMMARY

    7.1. Land Use

    In relation to the current proposal, the following comments are made: The subject land is located within the Residential Zone and is currently utilised for

    residential purposes associated with a two storey detached dwelling; The proposed development is not identified as a non-complying kind of

    development in the Burnside (City) Development Plan; The Development Plan anticipates semi-detached dwellings and does not preclude

    two-storey development; and If it can be demonstrated that the proposed development has no unreasonable

    external impacts, then consent could reasonably be expected.

    The proposed development is therefore suitable from a land use and zoning perspective and is not considered to be seriously at variance to the Burnside (City) Development Plan.

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  • Council Assessment Panel Agenda 03 April 2018 Report Number: PR 5726.3

    7.2. Character and Amenity

    The Development Plan seeks to maintain and enhance a low scale, low density residential character derived from single storey or split level detached dwellings in a variety of post-war styles, with open front gardens and in certain areas, tall trees including indigenous eucalyptus. The proposed development is generally compatible with these characteristics, whereby the centralised siting of the building and spatial separation from boundaries both maintains and enhances the low scale character of the streetscape while introducing a new building of a suitably high design standard that is compatible with existing housing stock.

    In terms of density, Residential Policy Area 25 envisages semi-detached dwellings being developed on allotments of 450m² and 10m frontage widths. The resultant allotments to accommodate the proposed dwellings fall marginally but not unreasonably short of these figures, while the dwelling design is considered acceptable in achieving the qualitative intent of the Development Plan.

    The façade provides for an attractive modern design, with high levels of articulation and fenestration to reduce visual building mass, and integrated architectural elements to increase the appearance of an integrated bui