AGENDADEVELOPMENT ASSESSMENT

PANEL MEETING

09 February 20151:30PM

(I) Development Assessment Panel – 1:30pm.(II) Attachments (Elected & Panel Members Only)

KANGAROO ISLAND COUNCIL

NOTICE is hereby given that a Development Assessment Panel Meeting is to be held at theKangaroo Island Council Chambers, Dauncey Street, Kingscote on 09 February 2015commencing at 1:30pm.

Andrew BoardmanChief Executive Officer

PRESENTPres. Member: Councillor:Member: Councillor:Member: Councillor:Member:

OPENINGMeeting declared open at: _________

1.0 APOLOGIES

2.0 CONFLICT OF INTEREST DECLARATION

3.0 REPRESENTATIONS

4.0 DAP MINUTES OF MEETING HELD 08 DECEMBER 2014 (YELLOW PAGES)That the Minutes of the Development Assessment Panel Meeting held on 08DECEMBER 2014 be confirmed.

5.0 BUSINESS ARISING FROM MINUTES OF 08 DECEMBER 2014

6.0 DEVELOPMENT SERVICES DEPARTMENT REPORTSChairperson J. Bates and Panel Members, the following reports are submitted to the09 FEBRUARY 2015 Development Assessment Panel Meeting.

RECOMMENDATIONThat the Development Services Department Reports be received.

7.0 DEVELOPMENT SERVICES DEPARTMENT APPLICATIONSDEC 2014 – JAN 2015Register of Planning and Building applications report tabled for DevelopmentAssessment Panel information.

RECOMMENDATION

That the report detailing applications approved and / or being processed underdelegated authority by the Development Services Department be received and noted.

8.0 APPLICATIONS REQUIRING COMMITTEE DECISIONIndividual reports are attached hereabouts for committee decision.

Item 8.1Development Application: 520/106/14Applicant: Longridge Group Pty. Ltd.Proposal: Dwelling and Associated Earthworks to Establish an Elevated Building Padwithin the Rural Living Zone.

Item 8.2Development Application: 520/144/14Applicant: Kangaroo Island CouncilProposal: Non-Complying Waste Reception, Treatment and Storage – WastewaterTreatment Facility within the Rural Living Zone.

ITEM 8.1

APPLICATION NO. 520/106/14

DEVELOPMENT DETAILS Dwelling and Associated Earthworks toEstablish an Elevated Building Pad within theRural Living Zone.

Applicant Longridge Group Pty. Ltd.158 Railway TerraceMile End SA 5031

Owner Mrs Elena Cortazzo14 Taylor TerraceRosslyn Park SA 5072

Site Address Lot 2 DP69789, Dover Court, Dover Farm (Stage II)in the Hundred of Menzies.

Property Details Certificate of Title (CT) Volume 5956 Folio 145

Zone Rural Living Zone, Map KI/23.

Public Notification Category 3, ‘on-merit’ Development. Four (4)Representations received. One (1) representordesiring to be heard by the Panel.

Application Date 2 September 2014

Relevant Development Plan Consolidated 20 February 2014

Recommendation Approve

Department Development & Environmental ServicesAaron WilkschManager, Development & Environmental Services

Issues Summary Dwelling is to be raised on 1.4 metres of fillintroduced to the site to enable the applicant’sdesired coastal views to be obtained.

Extent of earthworks associated with the dwelling’sbuilding pad is considered to raise concern as tothe acceptable limits of landform modification.

Extent of earthworks may have an adverse affectupon the natural coastal / rural character of the landnotwithstanding the applicant has detailedextensive landscaping and naturalizing the screeslopes of the fill to create the most organicaesthetics of the building pad.

The proposal is referred to DAP in accordance withthe Terms of Reference, as the proposal is

considered to be of a nature that warrants theconsideration of the DAP due to its inconsistencywith the character of the locality resulting from theextent of elevation upon fill.

BACKGROUND

The proposed development was lodged in September 2014 for assessment, withdiscussions between September and late October 2014 occurring with respect toinclusion (and obtaining specifications) for the proposed carport and with respect tothe level of filling proposed to establish the dwelling’s building pad.

On 27 October 2014, following substantial discussions with the applicant and theirconsultant planner, having reaching no further amendment to the earthworks, theproposed development was determined to constitute Category 3 development.

Following completion of public notification, the application is referred herewith to thePanel for consideration.

SUBJECT LAND AND LOCALITY

The subject land is identified as Allotment 2 in Deposited Plan, DP69789, DoverCourt, Dover Farm, Hundred of Menzies, and is identified in Certificate of TitleVolume 5956 Folio 145.

The land is situated on the north-eastern corner of the Dover Court cul-de-sac,adjacent to the foreshore of the Bay of Shoals, within the Dover Farm Rural Livingland division.

The land is separated from the coast by two Crown Land coastal reserves of up to 50metres long and a 20 metres wide unmade road reserve in the ownership ofKangaroo Island Council.

The land exhibits gentle slopes to the north (towards the coast) and becomessubstantially flat and level at the northern extent of the property. Vegetated lowdunes exist to the north of the land, within the Crown land coastal reserve.

The land is within a long established rural living precinct, the locality has developedpredominantly with detached dwellings and large domestic garages / sheds. Land inthe immediate locality varies from completely open post-farming grassland tosubstantially vegetated areas, particularly to the southern side of Shoals Road, butbecoming increasingly more clear and open extending towards the coastline to thenorth. The land typically exhibits a coastal / rural living character.

The subject land is contained wholly within the Rural Living Zone as delineated inMap KI/23 of the Kangaroo Island Development Plan, and is identified on thefollowing maps & Images:

Zone Map, Kangaroo Island Development Plan, Consolidated 20 February 2014.

Aerial Image, Nature Maps www.naturemaps.sa.gov.au, locality plan.

Aerial Image, Nature Maps www.naturemaps.sa.gov.au, detailed enlargement.

PROPOSAL

The proposal seeks Development Plan Consent for a detached dwelling anddomestic garage. The dwelling being subject to the establishment of an elevated padof 1.4 metres above natural ground level (generally) to enable desired coastal viewsto be obtained. The embankments of the filled building pad are to extend from theperiphery of the dwelling’s extremities by some 8 – 9 metres, forming graduatedbanks of 1:5 (or 1 metre height per 5 metres length).

The dwelling is to be dimensioned 20.5 metres wide x 16.9 metres depth, inclusive ofnorthern verandah and decking and southern side carport, each formed under themain roof of the dwelling. The dwelling is to be 3.4 metres wall height and 5.1 metresmaximum roof ridge height above bench level (filled building pad) and achieves 6.5metres above natural ground level at the dwelling’s highest point.

The dwelling is to be situated towards the north-eastern corner of the subject land, aminimum of 16.0 metres from the northern property boundary, and 36.0 metres fromthe eastern side property boundary.

The dwelling is to be finished hardiplank smooth weatherboard walls in the equivalentof colourbond ‘dune’ (light sandy colour) with feature ‘ploughed earth’ colour to thesouth western corner of the building (‘jut out’ forming the bedroom 1 ensuite) andnorthern verandah gable. The dwelling’s roof and trims are to be finished incolourbond ‘shale grey’.

The proposal also includes a domestic garage dimensioned 12.0 metres length x 9.0metres width x 3.048 metres wall height / 4.2 metres ridge height and is to besituated south-west of the proposed dwelling, approximately 38 metres from thenorthern property boundary and approximately 75 metres from the eastern sideproperty boundary.

The proposed garage is to be finished in colourbond ‘Dune’ wall and roof sheeting tomatch the dwelling’s colour scheme.

A detailed landscaping plan has been submitted by the applicant’s planningconsultants detailing the nature and extent of landscaping around the dwelling andearthworks to help ‘naturalise’ the building pad and to assist in blending the dwellinginto its surrounding natural environment.

The landscaping incorporates a range of indemic native ground covers and shrubsincluding tussocking wallaby grass austrodanthonia sp, morning flag orthrothansusmultiflorus, new holland daisy vittadinia gracillis, round leafed pig face dispymacrassifolium, ruby salt bush enchylaena tomentosa, and muntrie kunzia pomifera,interspersed with more substantial tates grasstree (KI yacca) xanthorrhoea tateana,drooping sheoak allocasurina verticillata, boobialla myoporum insulare, and slenderleaved red mallee eucalyptus leptophylla.

Wallaby Grass

Morning Flag

Wooly New Holland Daisy

Round Leaved Pig Face

Ruby Salt Bush

Muntrie

Tates Grasstree

Drooping Sheoak

Boobialla

Slender Leaved Red Mallee

As detailed in the submitted landscaping plan prepared by URPS, the proposedlandscaping is designed to encircle the building, with larger species shown in thelandscaping plan to be introduced to the south eastern corner and south side of theproposed dwelling and to the north-west corner of the dwelling and in a separatescreening band across the middle of the property in an east-west orientation, throughwhich the driveway is also proposed to pass.

The applicant has gone to some effort to demonstrate a ‘natural / organic’ shape tothe earthworks upon which the building is to be sited, which has provided a vastlyimproved proposal from the initial application’s plans which provided a very utilitariansite build up with 1:2 gradient embankments and no proposed landscaping.

The development application plans and supporting documentation includingearthworks and landscaping plans and statement are included in Attachment A.

DETERMINATION OF APPLICATION, PUBLIC NOTIFICATION & OTHERSTATUTORY REQUIREMENTS:

Development Classification:The Kangaroo Island Development Plan, Consolidated 22 December 2011, MapKI/23 indicates that the subject land is contained wholly within the Rural Living Zone.

The proposed development is defined as being a detached dwelling and domesticoutbuilding in accordance with Schedule 1 of the Regulations.

Categorisation:The development of the detached dwelling and domestic Outbuilding as proposed(108m²) would normally constitute Category 2 development under Schedule 9 of the

Regulations by virtue of the wall length and overall floor area of the domestic garage(Schedule 9 Part 1 (2)(iv) (E) and (F), generally consistent with categorization withinthe Kangaroo Island Development Plan Rural Living zone.

The Categorisation as Category 3 development is determined upon the associationof the dwelling with its proposed siting upon a substantially elevated pad, beyondwhat could be considered ‘normal’ cut / fill or fill only site preparation to procure a flatbuilding pad. (note: the dwelling and the site works were inseparable in theapplicants opinion, thus to amend the siting to any degree was to compromise theapplication such that it was not worthy to proceed).

The effect of the unconventional siting of the building upon a 1.4 metre plateaucauses the elevation of the dwelling to be considerably higher than the equivalentdwelling if it were sited on a conventional building pad and therefore be more visuallyprominent within the locality. (Citing Paior & Anor v City of Marion & Ors (No. 3)[2014] SAERDC 42).

Further, the application of Schedule 2 Additional Acts and Activities which ConstituteDevelopment, clause (5)(a) is considered to be applicable in respect of theearthworks being defined separately as development in its own right. For thisdetermination, the interpretation of Schedule 8 (1)(b) (i) and / or (ii) are considered inrelation to the earthworks occurring within prescribed distance of the mean highwater mark (MHWM) on the sea shore at spring tide. The earthworks are to existapproximately 70 - 80 metres from the MHWM (as a generous estimation). Theproposed earthworks could be in excess of 1000 cubic metres based on theapplication detail, and could not be considered to be of a ‘minor’ nature.

The application was processed as Category 3 development having had regard to theabove prescriptions in the Regulations.

Public Notification:The proposal underwent Category 3 public notification between 20/11/2014 and5/12/2014 with public notice placed in ‘The Islander’ Newspaper on 20 November2014 and individual notices mailed to prescribed adjoining land owners / occupiers.

Four (4) representations were received (not raising any objection) as a result of thepublic notification process. The application did not provide any response to therepresentations.

A copy of the Category 3 public notification representations are contained inAttachment B.

REFERRALS AND AGENCY CONSULTATION:There were no mandatory referrals pursuant to the Eighth schedule of theDevelopment Regulations 2008 undertaken for this development.

No informal referrals were made on this application.

DEVELOPMENT PLAN & POLICY

The application is referred to the Kangaroo Island Council Development AssessmentPanel in accordance with Kangaroo Island Council Delegations Policy, as theapplication presents a Category 3 form of development which has received

representation from third parties and due to the nature of the proposed site works /landform modification being in excess of conventional site filling and preparation,which could be considered prejudicial to the amenity of the locality, and in thisrespect warrants the Panel’s consideration.

The following Objectives and Principles of Development Control (PDC) of theKangaroo Island Development Plan – Consolidated 20 February 2014, areconsidered relevant to the assessment of this application.

Rural Living ZoneObjectives: 1 & 2Desired Character Statement.PDC’s: 1, 7, 9 & 15

Design & AppearanceObjective: 1PDC: 11

Landscaping, Fences and WallsObjective: 1PDC’s: 1(a) & 2(a)

Residential DevelopmentObjectives: 1 & 2PDC’s: 11 & 13

Siting & VisibilityObjective: 1PDC’s: 1(b) & (c), 4(b), 8(a)

Sloping LandObjective: 1PDC’s: 7(a) & (d)

PLANNING ASSESSMENT

Rural Living Zone

Rural Living Zone Objective 1: A zone consisting of large allotments, detacheddwellings and rural activities that do not adversely impact the amenity of the locality.

Rural Living Zone Objective 2: Development that contributes to the desiredcharacter of the zone.

Desired Character StatementPara 1: The zone has a high standard of amenity that will be retained, primarilythrough extensive vegetation, screening of buildings, structures and uses of land.

Para 4: Domestic outbuildings will be considered where accompanied by anapplication for a dwelling and built in association with the dwelling…

Rural Living Zone PDC 1: The following forms of development are envisaged in thezone:▪ bed and breakfast▪ detached dwelling

▪ domestic outbuilding in association with a detached dwelling▪ domestic structure▪ dwelling addition▪ farming▪ farm building▪ horticulture▪ outbuilding▪ stable▪ viticulture.

Design and Appearance

Design and Appearance Objective 1: Development of a high architectural standardthat responds to and reinforces positive aspects of the local environment and builtform.

Design and Appearance PDC 11: Buildings, landscaping, paving and signageshould have a co-ordinated appearance that maintains and enhances the visualattractiveness of the locality.

Residential Development

Residential Development Objective 1: Safe, convenient, pleasant and healthy-living environments that meet the needs and preferences of the community.

Residential Development Objective 2: An increased mix in the range and numberof dwelling types available within urban boundaries to cater for changingdemographics, particularly smaller household sizes and supported accommodation.

Residential Development PDC 11: Garages, carports and outbuildings should havea roof form and pitch, building materials and detailing that complement the associateddwelling.

Residential Development PDC 13: Outbuildings should satisfy all of the followingrequirements:(a) be in association with an existing dwelling(b) not be greater than 75 square metres in floor area except within the Rural LivingZone and Primary Production Zone where they should not exceed 115 squaremetres of floor area(c) not be greater than 3.1 metres in height from natural ground level to the top of thewalls(d) not be greater than 3.6 metres in height from natural ground level to the top of thegable (if relevant)(e) be finished in external surfaces in a colour that matches or blends with anyexisting dwelling on the site, and is in keeping with the character of the locality.

The proposed development in many aspects presents a high level of accord with themany applicable provisions of the Kangaroo Island Development Plan, andspecifically with the intent of the Rural Living zone and Council Wide provisions forresidential forms of development.

The dwelling and garage detail purports a non-objectionable form and scale ofbuildings, their position on the allotment and proposed landscaping treatment are allreasonably consistent with the desired character of the locality.

The Garage does present a minor departure from Residential Development PDC 13,in respect of (d) where the ridge height of the garage will reach 4.2 metres instead of

the prescribed 3.6 metres (+0.4 metres (400mm) departure), which is considered tobe somewhat inconsequential in respect of the existing garages developed in thelocality and the overall heights of buildings (to which they are accessory) in theimmediate locality and as proposed in this application.

Rural Living Zone PDC 7: Development should not be undertaken unless it isconsistent with the desired character for the zone.

Desired Character StatementPara 2: Parts of the zone have coastal frontages which feature coastal dunes, whichwill be protected from excavation and similar interference. Indeed, the naturallandform of the zone is valued and further excavation and filling of land is notencouraged.

Rural Living Zone PDC 9: Domestic outbuildings should be ancillary to a dwellingand be no greater than 115 square metres in area.

Rural Living Zone PDC 15: The excavation and/or filling of land should:(a) be kept to a minimum so as to preserve the natural form of the land and nativevegetation and minimise the impact of scouring (refer to Figures 4, 5 and 6)(b) result in stable scree slopes, which are covered with top soil and landscaped soas to preserve and enhance the natural character of the zone

Figure 4

Figure 5

Existing development in the locality has typically endeavoured to be concealedthrough a combination of site excavation, typically to reduce buildings’ effectiveheight above ground level, and landscaping of the periphery of buildings andallotment boundaries.

The proposed development is reasonably consistent with the above statement inrespect to the buildings proposed and the extent of landscaping and screening aboutthe buildings, however in respect of the dwelling and its associated building pad, theapplicant has adamantly pursued the establishment of the building’s foundation, filledto a level of 1.4 metres above natural ground level.

The proposed build up of the building pad is unconventional in its approach: whilst itis not uncommon to see a building pad (site filling) to 1.4 metres, it is usually

configured that the level of filling is required to meet the natural ground level at theup-hill side of the building, or otherwise be a balance of filling and cutting-in on moresteeply sloping sites.

The proposed building pad presents a built up ‘plateau’ which elevates the dwellingsproposed level to 1.4 metres above natural ground level at all points of the building’sfootprint, attaining the desired viewscapes for the applicant rather than facilitatingaccess (driveway to carport ramps up onto the plateau) or merely a levelled site onsloping land.

The Development Plan has not contemplated this kind of earthworks for sitepreparation, indeed PDC 15 makes reference to filled sites being excessive at 1.5metres or greater, with the alternative to incorporate some cut to offset filling onsloping land, however there is little guidance on bulk filling a site to produce anelevated pad. In this respect PDC 15 is not readily applicable.

In respect to PDC 15, the applicant has provided, in the additional landscaping planand detail prepared by URPS, a validation of the built up pad with extensivelandscaping detail as discussed in the Proposal section of this report. The earthworksproposed being ‘sculpted’ somewhat to be more ’organic’ in design and detailing thelandscaping envisaged, and confirming the formerly proposed 1:2 batterembankments were to be extended to 1:5 batters, described as ‘scree slopes’ (aslope of loose rock debris at the base of a steep incline or cliff), in order to aid inblending with the landform.

The existence of the low coastal dunes has been considered, and to place this inperspective with the proposed building pad, As surveyed, the coastal dunes reach anelevation of 2.99 metres , whereas natural ground level at the dwelling’s footprint is inthe range of 2.50 – 2.70 metres. Coupled with the 1.4 metres site build-up, theproposed bench level (BL) will reach 4.05, some 1.06 metres higher than the highestof the coastal dunes, and the finished floor level of the dwelling (FFL) on stumpfootings will reach 4.75 metres, some 1.76 metres above the dunes.

This not only causes the dwelling pad to be elevated to at least the same level as thesouth-eastern corner of the rear allotment boundary (+1.55 metres above naturalground at the building site) but the dwelling’s FFL to be +0.7 of a metre higher thanthe highest point of the subject allotment. With this in mind, the level of the build-upcan be accurately considered.

Native vegetation on the coastal dunes may also influence the obtainableviewscapes from the proposed development, but clearly, the development aspires toovercome the natural features to the north aspect to obtain views.

Additionally other features in the landscape influence the character of the land, mostobvious is the small farm dam on the adjoining land to the east of the subject site, ofapproximately 200m² area and with dam walls in the order of 1.0 metres.

Landscaping, Fences and Walls

Landscaping, Fences & Walls Objective 1: The amenity of land and developmentenhanced with appropriate planting and other landscaping works, using locallyindigenous plant species where possible.

Landscaping, Fences & Walls PDC 1: Development should incorporate open spaceand landscaping in order to:

(a) complement built form and reduce the visual impact of larger buildings (eg tallerand broader plantings against taller and bulkier building components).

Landscaping, Fences & Walls PDC 2: Landscaping should:(a) include the planting of locally indigenous species.

In all respects the method of landscaping and the species proposed are consideredto strongly accord the Plan. Species are endemic natives of Kangaroo Island found inmany coastal and semi coastal environments, and therefore likely to be well suited tothe conditions in their application, most are highly tolerant of coastal conditions andunlikely to struggle with sandy soil conditions or occasional salt air impacts likely tobe encountered in this area.

The landscaping proposed should provide an effective ‘light’ landscaped screening ofthe proposed buildings.

Siting and Visibility

Siting & Visibility Objective 1: Protection of scenically attractive areas, particularlynatural, rural and coastal landscapes.

Siting & Visibility PDC 1: Development should be sited and designed to minimise itsvisual impact on:(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 andwalking trails.

Siting & Visibility PDC 4: Buildings and structures should be designed to minimisetheir visual impact in the landscape, in particular:(b) the mass of buildings should be minimised by variations in wall and roof lines andby floor plans which complement the contours of the land

Siting & Visibility PDC 8: Development should be screened through theestablishment of landscaping using locally indigenous plant species:(a) around buildings and earthworks to provide a visual screen as well as shade insummer, and protection from prevailing winds.

The configuration and the extent of the proposed build-up of the dwelling pad isconsidered quite unconventional (as previously stated) and is unlikely to be broadlyacceptable (if at all) in establishing sites for buildings to be constructed upon,particularly where it artificially raises the building by any substantial amount abovethe surrounding landscape.

The Rural Living zone is intended to maintain a very high level of amenity for its landowners and occupiers, despite relatively relaxed planning rules. Land owners in thislocality are able to appreciate tranquil rural type surroundings, large areas of openspace and coastal views. These attributes are highly valued (Desired CharacterStatement, Paragraph 2), the proposed development walks a very fine line betweenacceptable levels of earthworks, not so much in respect of its horizontal extent, butits vertical elevation of the building site.

Development could ostensibly be approved in this zone with an equivalent height asthe proposed dwelling inclusive of its filled building pad within the Council Widebuilding height limits, i.e. two storey dwelling attaining 6.5 metres overall height

Notwithstanding the elevated siting, the large battered embankments / scree slopesproposed have been designed such that the length to height ratio of the

embankments will assist in blending in with the landscape. The proposed 1:5 batterresults in a fetch (length of slope) in the order of 8 metres (an angle of 11 degrees)produces a reasonably gentle transition between the flat landscape and the buildingpad ‘plateau’. This incorporated with the proposed landscaping vegetation shouldresult in somewhat of an isolated grove of vegetation disguising the change in landcontour around the dwelling.

The separate band of landscape screening across the middle of the land (south ofthe garage) will assist further in obscuring direct view – at least from south / south-west aspects, but leaving the southeast aspect slightly more open, preserving viewsfor the benefit of Lot 9 (immediately to the south of the subject land) and vacant landto the south-east.

Views over the subject land from Shoals Road will not easily recognise the change inland contour due to the perspective (slight downslope view) to the land, with the lowbackdrop of coastal dunes and covering vegetation also mitigating any clear outlineof the filled site above the natural landscape.

Sloping Land

Sloping Land Objective 1: Development on sloping land designed to minimiseenvironmental and visual impacts and protect soil stability and water quality.

Sloping Land PDC 7: The excavation and/or filling of land outside townships andurban areas should:(a) be kept to a minimum and be limited to a maximum depth or height no greaterthan 1.5 metres so as to preserve the natural form of the land and the nativevegetation(d) result in stable scree slopes which are covered with top soil and landscaped so asto preserve and enhance the natural character or assist in the re-establishment of thenatural character of the area.

As established earlier in this report in reference to Rural Living zone PDC 15, theland does not exhibit any substantial slope – it could be said to be almost absolutelyflat and level in the northern half of the land.

The applicability of the Sloping Sites provisions may not be readily applicable,however, the provisions again give guidance to minimising excavation and / or fillingof the land to preserve the natural land form. In both Sloping Land PDC 7 and inRural Living PDC 15 the indicative height threshold being 1.5 metres, which supportsthe proposed development’s earthworks.

Although the referenced provisions discuss the application of filling (or cut / fill) onsloping sites, the Development Plan does not contemplate the bulk filling andelevation of the site. Minimising fill on a flat site would effectively direct that only theminimum to provide a sound base for a dwelling to be constructed upon.

CONCLUSION

Kangaroo Island’s Rural Living zones are considered to have very finely adaptedcharacter in each locality, and this represents its inherent uniqueness and value oflandscape, coastal views and its visual amenity.

Indiscriminate or haphazard landform modification, and artificial site build-up orexcavation has potential to severely disfigure any locality, but considerable risk existsto the generally open semi-coastal rural living areas of Kangaroo Island.

The proposal in all other respects presents a quality rural living development whichsatisfies the provisions of the development plan almost entirely.

In the absence of any more-specific provisions regarding the filling of the site and theestablishment of artificially elevated building sites, beyond minimalistic earthworks forproviding a sound base for a dwelling and having regard to the maximum heightthresholds given in Rural Living zone PDC 15 and Sloping Land PDC 7, Theapplication appears to generally accord the relevant provisions of the plan.

The introduction of such a substantial quantity of fill to the site and the level abovenatural ground that it seeks to achieve for a building pad causes this application tobalance on a fine line between acceptable and unacceptable development on thebasis of visual amenity and obtuse landform modification.

It must be impressed that the establishment of such filled sites appears to have avery limited level of acceptability, subject to its actual effects to the surroundingnatural and built environment and its aesthetic characteristics.

In this instance, assessed on its own finite merits, the proposed development isconsidered to warrant support.

RECOMMENDATION

The Development Assessment Panel resolve to Grant Development Plan Consent toDevelopment Application 520/106/14, by Mrs. E. Cortazzo for development of a newDetached Dwelling, Associated Earthworks, Domestic Garage and Landscaping at lot2 DP69789, Dover Court, Hundred of Menzies, subject (but not limited) to thefollowing Conditions of Development Plan Consent:

Kangaroo Island Council Planning Conditions:

1. The Development herein approved must, except as varied by the conditionsof consent, be carried out in accordance with the approved plans and detailsto the satisfaction of Council.

2. The building shall not be used for any purpose other than that described onthis notification.

3. All excess stormwater from roofed buildings, sealed areas and tank overflowsshall be discharged within the property boundaries, ensuring that no erosion,nuisance or inconvenience will occur off site and shall specifically avoid theapproved building pad to mitigate risk of erosion which may compromise theintegrity of the building pad.

4. The site must be kept in a neat and tidy manner at all times.

5. The development must be connected to an approved waste control system.Applications for approval of a waste control system must be assessed by therelevant authority and obtaining approval prior to the issue of DevelopmentApproval.

6. All proposed landscaping, screening and planted areas shall be establishedduring the first available planting season after commencement of the building

or site work, and maintained in good health with any diseased or dying plantsbeing replaced as required to the satisfaction of Council.

7. Proposed driveways and car parking areas shall be constructed and surfacedwith suitable all weather hard-standing materials to ensure safe andconvenient all-weather access to the development

8. An independent water storage of not less than 5000 litres shall be maintainedat all times solely for the purpose of fighting fire. Said water storage must beeasily identifiable and accessible to fire fighting appliances at all times, befitted with a fuel-driven pump or equivalent system independent of mainselectricity capable of pressurising water for fire fighting, and in cases wherewater is held in a close tank, be fitted with a fire service approved adaptor anda hose and nozzle capable of withstanding the pressures of the suppliedwater.

Council Advisory Notes:

Note -Building work and /or earthworks must not be commenced until DevelopmentApproval is granted.

Note -A person undertaking building work (Class 1-9) must give Council onebusiness day notice of the following:

a) The commencement of building work eg.

the placement of concrete into any footing excavation; or

the placement of stumps and bearers

b) The intended completion of the wall and roof frame excluding internallinings.

c) The completion of building work.

Note -Landscaping should include bushfire protection features that minimise the riskof damage to buildings and property in the event of a fire and assist inpreventing or slowing the spread of fire. Where trees are to be planted, theyshould be located such that when they mature they will not touch or overhangbuildings or overhead wires and will be at a distance from buildings andoverhead wires which is equivalent to the mature height.

Note -There shall be no human habitation of the shed herein approved, humanhabitation includes overnight and weekend accommodation. Changing theuse of a building or structure without approval is a contravention of theDevelopment Act 1993, and can result in legal action under the Act, and mayincur significant penalty.

Note -Rural Road Numbering:Rural road numbering should be undertaken upon development or regularoccupation / use of the land. Applications for rural road numbering are to besubmitted to Council's Asset Services Department and must include:

o A site map / aerial image with details i.e. measeurements clearlyidentifying the position of the access to the land (i.e. drivewaycrossover point or the like or a GPS waypoint for a proposed access)and;

o The Valuer General ID number (VG No.) Council Assessmentnumber and name of road frontage.

Applications are to be forwarded to the General Manager for Asset Servicesand upon processing a Rural Road Number plate will be produced andinstalled by Council subject to payment of the appropriate fee.

Note -Building Site Fire Safety RequirementsThe applicant/owner shall ensure that there is adequate water supply andhoses or prescribed water spray fire fighting implement in accordance withRegulation 41 of the Fire and Emergency Services Regulations 1995available on site during the performance of building work in order to preventthe outbreak of fire at the premises, or the spread of fire from the premisesPursuant to Subdivision 6 of the Fire and Emergency Services Act 2005.Maximum Penalty $10,000.00

ITEM 8.2

APPLICATION NO. 520/144/14

DEVELOPMENT DETAILS Non-Complying Waste Reception, TreatmentStorage and Disposal – Wastewater TreatmentFacility within the Rural Living Zone.

Applicant Kangaroo Island Council43 Dauncey StreetKingscote SA 5223

Owner David Lynton TretheweyPO Box 337Penneshaw SA 5222

Site Address Allotment 150 DP67049, Binneys Track,Penneshaw, Hundred of Dudley.

Property Details Certificate of Title Volume 6049 Folio 527

Zone Rural Living Zone, Map KI/15 – Development issituated wholly within Rural Living zone (whollywithin Zone Map KI/15).

Public Notification Non-Complying Category 3Full public notification undertaken. Twenty-six (26) representation received:

o Sixteen (16) representors indicated that theywish to be heard before the Panel.

o One (1) representor provided both yes & noresponse to being heard.

o Nine (9) representors did not indicate eitheroption if they did or did not wish to be heard.

Application Date 5 November 2014

Relevant Development Plan Consolidated 20 February 2014

Department Development ServicesAaron WilkschManager, Development & Environmental Services

Issues Summary Non-Complying Development – Delegated Authorityto DAP.

Substantial objection received as a result of Non-complying Category 3 Public Notification Process.

Concern over appropriateness of the proposeddevelopment – Fundamental opposition todevelopment of this site, referencing many andvaried factors.

BACKGROUND

Penneshaw, the Eastern most township on Kangaroo Island is confirmed by Census2011 data as hosting the second largest population, slightly fewer than 300comprised in around 80 permanent resident families.

The Penneshaw township area supports 257 residential dwellings, of which justunder half (45.7%) are permanently occupied and a marginally higher than halfproportion (54.3%) are unoccupied, reflecting the high proportion seasonal growththat occurs (according to the capability of the town to accommodate seasonal influxof tourists) which, combined with tourism in commercial scale accommodation(hotels, B&B’s etc) can increase in excess of 100% of the permanent population.

Census 2006 ITEM Census 2011 Variance (+/- or %)265 Population 276 +1171 Families 71 -235 Dwellings 257 +22119 Occupied Dwellings 113 - 6116 Un-occupied Dwellings 134 +1850.6% Occupied Dwellings (%) 45.7% -5.1%49.3% Un-occupied Dwellings (%) 54.4% +5.1%

Penneshaw has become a highly accessible road / ferry gateway for the majority ofKangaroo Island’s tourism travel (shared only with a single passenger airlineservicing Kingscote Airport).

Visitor numbers (figures excluding commercial and resident travel) totalling approx.192,500 pax p/a. with ferry travel accounting for approx. 155,500 pax p/a. (accordingto 2013 figures), versus approx. 185,250 pax p/a. total and 122,250 pax p/a. ferrytravel respectively from 2007, reflect the considerable increase in tourist numbersthrough Penneshaw.

Penneshaw has encountered notable local growth in the past two decades withimproved ferries, harbour facilities, services and tourism infrastructure, expandingtourist accommodation options and new or improved tourism destinations &experiences (including cruise ships), many of which continue to attract investmentand visitation to this region of Kangaroo Island.

Mains water services were introduced to Penneshaw in 1999 via desalination plantwhich has enabled more liberal use of water for domestic household use beyondtownship dwellings’ former reliance upon self harvested rainwater supplies.

Perhaps commensurate with the township’s growth, increased tourism and betterutilities servicing, the recorded occurrence of waste system failures and insufficientsystem capacities has increased, resulting in either outright public health concerns orinability to develop / re-develop land within the township.

During the past 2 year period at least 10 property owners have been restricted fromdeveloping or re-developing residential allotments in Penneshaw (or haveencountered substantial additional investigation or requirements to establish anadapted or engineered waste system to cater for normal loadings, i.e. 3 bedroomdwellings, additions or minor expansions of accommodation buildings (KI CouncilDevelopment Applications data).

Penneshaw Community Wastewater Scheme (CWMS) proposal was initiallypresented as a potential Council infrastructure project, resolving to commence

investigations into a Community Wastewater Management Scheme at its 13 April2007 meeting.

Over the ensuing years it has undergone public consultation under the LocalGovernment Act 1999 on two occasions relative to the first and second locationconsidered from at least 10 other alternative sites for the treatment and lagooninfrastructure, the majority of which having been discounted from consideration dueto technical, legislative or cost impasses.

The subject site, specific to this application was selected at Council’s Specialmeeting of 28 February 2014, and proceeded through its most recent round of publicconsultation. Council formally resolved to commence the Penneshaw CWMS projectprudential review and to proceed with the Development Application process at itsmeeting of 11 June 2014.

Design and review of the project has been carried out in full consultation with theSouth Australia Local Government Association (LGA) CWMS ManagementCommittee, established to:

provide support and oversight to the LGA in the management of StateGovernment-subsidised new CWMS construction projects,

provide CWMS Advisory Service to Councils by the LGA, determine the terms under which these CWMS projects will be funded and

managed, and to provide information regarding these terms to the StateGovernment and the National Water Commission.

consider and respond to any other matter relating to CWMS referred to theCommittee by the President of the LGA or the Minister for State/LocalGovernment Relations.

The committee’s composition includes delegates of SA Health, the EnvironmentProtection Authority (state Agencies) and the Commonwealth Department ofSustainability, Environment, Water, Population and Communities (DSEWPac),representing a broad cross section of public and environmental health regulation.

Projects inherently at odds with public and environmental health requirements do notgain the support or funding of the LGA CWMS Committee.

The application was lodged formally on 5 November 2014 and to date has proceededthrough all statutory elements of the assessment, including public notification underSection 38 of the Development Act 1993 (distinctly separate from those publicconsultations which occurred previously under the Local Government Act 1999) andhas undergone mandatory referral to the Environment Protection Authority, pursuantto Section 37 of the Development Act.

The application is herewith presented to the Panel, subject to this report for a finaldecision.

SUBJECT LAND AND LOCALITY

The subject land is identified as Allotment 150 in Deposited Plan DP67049,Penneshaw, in the Hundred of Dudley, and is identified in CT 6049/527.

The land is situated south east of the Penneshaw township, by some 1.2 kilometresat its nearest point. The land is expansive in its overall area, lying within 150 metres

from the coastline (Backstairs Passage) to the north and is bordered by BinneysTrack to the east, Trethewey Terrace to the west and by unnamed Government Road(commonly, Duffy’s Track or Old Cape Willoughby Road) to the south. The land issome 122 Ha in total area and is dimensioned approximately 1.35 kilometres (northto south) and 1.52 kilometres wide, (east to west) at its greatest dimensions.

The site of the development is situated in the south-eastern most corner of the land,within an area identifiable as Allotment 8 in Land Division 520/D017/14 (not yetcreated), which was approved by the State Government Development AssessmentCommission (DAC) on 28 November 2014 and is currently awaiting lodgement withthe Land Titles Office for titles to be issued.

The proposed development will be situated 225 metres from the eastern propertyboundary to Binneys Track and 125 metres from southern property boundary to theunnamed Government Road.

Separation distances to the western boundary of the land is in the order of 1011metres, but more relevant separation distances of 600 metres exists between thesouth-eastern demarcation of the urban boundary of Penneshaw, being theintersection of Trethewey Terrace and the unnamed (partially constructed)Government Road which connects Trethewey Terrace, Wrights Road and CheopisStreet at their southern-most extent.

The next nearest township allotments beyond the aforementioned urban boundaryare situated 300 metres north of the proposed development, within The Outlook landdivision fronting Fernande Court and Dolphin Way. The development site cannot bedirectly viewed from the township or from the nearby Rural Living allotments as aresult of both topography and remnant vegetation.

Land adjacent to the east comprises Conservation zoned land (Baudin ConservationPark), comprising open grassland, mallee and re-generating native vegetation.

Land adjacent to the south is contained within the Primary Production zone andsupports general farming activities at a relatively low intensity. The remainder of Lot150 (the subject land) lying to the west of the proposed development is containedwithin the Rural Living zone, remains vacant and appears to be used for occasionallow intensity grazing, anecdotally supporting occasional livestock for basic landmanagement in competition with native fauna grazing / browsing.

The land can be described as exhibiting a rural character, a product of its heritage aspioneer farming land cleared of substantial vegetation, except in the creek-lines andvalleys, and is also characterised by its relatively close interface with both the coastand township of Penneshaw (within view from many parts of the land).

The specific influence of the adjacent conservation land to the east and the PrimaryProduction zone to the south of the development site and its substantial tracts ofnative mallee scrub provides a distinctly rural character to the site of the proposeddevelopment.

The entirety of the subject land and the proposed development are contained whollywithin the Rural Living zone as delineated in Map KI/15 (and also KI/33 and KI/34) ofthe Kangaroo Island Development Plan, and is identified on the following maps &images:

Zone Map, Kangaroo Island Development Plan, Consolidated 20 February 2014.

Zone Map Enlargement, Kangaroo Island Development Plan, Consolidated 20 February2014.

Aerial Image, Nature Maps www.naturemaps.sa.gov.au locality plan.

Proposal Plan - Detailed Site Plan.

PROPOSAL

The application seeks Development Plan Consent to establish a wastewatertreatment facility, comprising a (High Density Polyethylene) HDPE lined wastewaterlagoon dimensioned 47.0 metres x 25.0 metres lagoon inside dimension and 69.0metres x 37.0 metres respectively for the total extent of the lagoon embankments x2.6 metres maximum embankment height above natural ground level, with a totaloperational volume of 13.5 ML.

The proposed lagoon is to be situated 1181 metres from the northern most propertyboundary towards the coastline, 225 metres from the eastern side property boundary(to Binneys Track) and 125 metres from the southern property boundary(Government / Old Cape Willoughby Road).

The treatment plant comprises a shed dimensioned 10.0 metres x 6.0 metres x 3.0metres wall height /flat deck roof height to be finished in colourbond beige wall androof sheeting, and two partially buried treatment tanks dimensioned 7.5 metersdiameter, protruding 1.5 metres above ground level and buried 2.6 metres into thewidened western side lagoon embankment.

The plant is situated on the western embankment of the wastewater lagoon, some150 metres from the southern property boundary and some 240 metres west of theBinneys Track property boundary to the east.

The proposed development will have capacity to process treated water on-site over a4.0 Ha fixed irrigation system comprising approx. 7.5 metre radius ‘wobbler’ (heavydroplet) sprinklers.

Potential exists to send re-use water to the township (with installation of an additionaltreated water return line to the town), which is not accounted for in this application.The onsite irrigation disposal area is situated to the north and west of the proposedlagoon and treatment plant and is setback some 1125 metres from the northerncoastline.

The north and eastern boundaries of the development site will be mounded forlandscaping purposes with natural earth banks to 500mm height and be constructedwith 1:5 battered banks and will be landscaped with two offset rows of locallyendemic Drooping Sheoak, allocasuarina verticillata expected to reach a matureheight in the order of 5 – 10 metres to provide further visual attenuation of the sitefrom northern and eastern aspects.

Generally, views of the site are restricted to vantage points immediately south of thesite, from where the vehicular access is to be gained. Substantial existing vegetationand topography between the proposed development and Binneys Track, both withinthe Binneys Track road reserve and within Lot 150 completely mitigate public viewfrom that aspect.

The entire site is to be enclosed with a conventional stock fence (1.2 metres height)and the treatment plant and lagoon periphery fenced with a 2.0 metres chainmeshsecurity fence with 2 row barbed wire top.

Application detail including the Regulation 17 (1) Statement of Support is included inAttachment A.

DETERMINATION OF APPLICATION, PUBLIC NOTIFICATION & OTHERSTATUTORY REQUIREMENTS

Jurisdiction / Relevant Authority:

Schedule 10 of the Development Regulations defines the kind and nature ofdevelopments which fall within the jurisdiction of the Development AssessmentCommission, where Council may be deemed to be conflicted in assessment of theproposal.

The current version of the Development Regulations 2008 (Version 18.09.2014)relevant at the date of application does not prescribe the proposed kind ofdevelopment for the authority of the DAC

It should be noted that the amendment of the Development Regulations on 19/4/2012(Version 19.4.2012 to 30.6.2012) deleted the former prescription in clause (e) fordevelopment of land for the purpose of creating a facility for the reception, storage,treatment or disposal of waste.

Accordingly, Council is determined to be the relevant authority for the purposes ofassessing the application.

Development Classification:

The Kangaroo Island Development Plan, Consolidated 20 February 2014, Map KI/15indicates that the allotment and the development are contained entirely within theRural Living zone boundary.

The proposed land use is described as a wastewater treatment facility, comprisingthe reception, treatment, storage and disposal of wastewater collected in theproposed Penneshaw CWMS network (which is not subject to this assessment – seebelow).

The definition of the development is consistent with terminology used in theKangaroo Island Development Plan and accords the definitions within Schedule 1 ofthe Development Regulations:

Development Regulations 2008 (Schedule 1 – Definitions):

waste means waste within the meaning of the Environment Protection Act 1993;

Environment Protection Act 1993 (Section 3 – Interpretation):waste means—(a) any discarded, rejected, abandoned, unwanted or surplus matter, whether or notintended for sale or for recycling, reprocessing, recovery or purification by a separateoperation from that which produced the matter; or

(b) anything declared by regulation (after consultation under section 5A) or by anenvironment protection policy to be waste,

whether of value or not;

Additionally, to avoid any doubt;

the South Australia Public Health Act 2011 (Section 3 Interpretation) provides:

wastewater means water that has been used in any form of human activity andincludes—(a) water containing any form of waste or other matter or substance that may detractfrom its safety or from public health; and

(b) without limiting paragraph (a), human waste either alone or in combination withwater;

Accordingly the proposed development is determined to constitute a Non-complyingform of development as defined in the Rural Living zone provisions of the KangarooIsland Development Plan.

The proposal is not inclusive of the design or layout of any collection network orpumping apparatus involved in commissioning an effluent drainage scheme,pursuant to Schedule 3 – Acts and activities which are not development, Part 2(1)(b).

Schedule 3—Acts and activities which are not development

A1—Application of Schedule 3The following acts or activities are excluded from the definition ofdevelopment (other than in respect of a State heritage place, or as otherwiseindicated below).

2—Council works(1)The construction, reconstruction, alteration, repair or maintenance by acouncil of—

(b) an effluent drainage scheme, but not including any effluent pond orlagoon;

Procedural Determination of Assessment under Regulation 17:

Pursuant to Regulation 17 (1) of the Development Regulations, the application wasprovided with the required Statement of Support at the time of making theapplication.

Pursuant to Regulation 17 (3)(b) and in accordance with Council Delegations underthe Development Act 1993 and Regulations 2008, it was resolved under delegatedauthority that the proposal demonstrated adequate merit to proceed on the basis thatit:

purported an item of essential service infrastructure, particularly for anestablished coastal township, and with knowledge that the locality hadexperienced history of;

o sub-standard (outdated standard of capacity and design / layout) ofonsite wastewater treatment and disposal systems, and;

o demonstrated social & economic disadvantage to development andre-development of residential allotments in the township, wherecurrent-day standards for wastewater treatment systems have notbeen able to be achieved (due to existing allotment sizes andtopography or soil conditions), and;

purported a scale and location which presented an option which could(subject to the benefit of a full and proper assessment) present a reasonablesite for the facility in terms of;

o Scale; of the proposed 13.5 ML lagoon with walls , 3m height aboveground level and inclusive of any screening treatment not beingfundamentally dissimilar to a medium sized farm dam, with little otheractive plant and equipment that would jeopardise the amenity of thelocality or its nearby inhabitants, and;

o Location; citing that the overall separation from the township area ofPenneshaw was substantial (600 metres from the nearest urbanallotments / 300 metres from nearest existing peri-urban rural livingtype allotments / and in excess of 2 kilometres from Penneshaw’sTown Centre zone.

Following the Regulation 17 (3)(b) determination under delegation to proceed withassessment of the application, the required documentation and notification categorywere determined in accordance with Regulation 17.

Notification was issued to the applicant of the Relevant Authority’s determination on 7November 2014, advising of the further documentation and public notificationrequired under the Act.

Statement of Effect:

Pursuant to Regulation 17 (4) a Statement of Effect (SoE) was provided by theapplicant prior to further processing of the application.

The SoE correctly establishes the legislative and strategic background for theapplication and addresses some 100+ provisions relative to the proposeddevelopment and also addresses the social, economic and environmental effects ofthe proposal as required by Regulation 17 (5).

Social, Economic and Environmental Effect:

The proposal will influence township growth, development (and re-development /upgrading) opportunities and an effect of this is likely to be experienced in thetownship’s vitality and improved local economy, buoyed by greater numbers of localresidents and visitors staying in the township and development / business growthopportunities that are supported by the introduction of CWMS.

All towns on Kangaroo Island would benefit from controlled population growth toachieve ‘critical mass’, i.e. a population substantial enough to support business,community facilities, education services, health services, community activities orevents and insulate against seasonal declines and ultimately propagate morecohesive and vital communities.

With additional population comes greater numbers and diversity in housing – thismay be why some resistance from the community exists.

Community wellbeing and its environmental health will be improved – this is notnecessarily linked to public open spaces and public domain, but is a generalstatement based upon cessation of waste water being disposal to land over the

whole of the township area (existing regime of onsite disposal systems), in exchangefor an isolated 4 Ha area dedicated to wastewater treatment and disposal some 2kilometres from the township.

Economic development is supported by the KIFA Sustainable Futures Plan,Kangaroo Island Region Plan, as well as many other levels of strategic planningrelevant to Kangaroo Island.

The effect of the CWMS scheme is many-fold, including construction industry growthand a broad range of township / business growth and development potentialsbecoming available, again helping to insulate against the economic seasonality of thetownship.

Negative affects have been focused upon the development being situated in closeinterface of the development to urban / peri-urban areas and a distinct sentiment offundamental opposition to CWMS in Penneshaw expressed by a small proportion ofits population.

Environmental impact of the proposed development in respect of the physicalsurrounding environment should be negligible. Built form of the plant building andsemi in-ground treatment tanks will be of minimal visual bulk and will be substantiallyconcealed, as will the wastewater lagoon embankments. The proposed landscapingwill substantially ameliorate clear and direct view of the development establishing aborder of native vegetation which is consistent with native vegetation in thesurrounding locality.

In respect of the amenitive environmental effect, the proposed plant and equipmentbeing proposed is unlikely to produce any noise outfall nuisance due to the scheme’scomposition of submerged pumping equipment. Evidence of the standard pumpingequipment used by Council, (that which is to be utilised in the Penneshaw scheme(for uniformity) operates in Kingscote and American River schemes) is barelynoticeable with substantially low noise emissions. (Noise and vibration discussion inthe Environmental Management Plan are relative to the construction phase).

Also supported by anecdotal evidence is the operation of American River’s CWMS inrespect of odour control – no complaints have been received by Council regardingthe CWMS lagoons since their establishment.

The proposed development avoids all native vegetation and is highly unlikely to affectany Glossy Black Cockatoo (GBC) habitat. As indicated in the Statement of Effect,the applicant has been held discussions with DEWNR as to the risk to GBC andapplication of the Commonwealth EPBC Act, with the (Commonwealth) Departmentadvising that EPBC Act actions are not triggered by the proposal.

Generally speaking, the provisions addressed are considered relevant,notwithstanding that this assessment addresses some additional provisions whichare considered relevant.

The Regulation 17 (4) Statement of Effect is included in Attachment B.

Categorisation:

As a Non-complying form of development, the proposal naturally does not accord thescope of Category 1 or Category 2 Development in the Kangaroo Island

Development Plan or within Part 1 or Part 2 of Schedule 9 of the DevelopmentRegulations 2008.

The proposed development is determined to constitute a ‘Category 3 Non-complying’’form of development, pursuant to Section 38 (2)(c) of the Development Act 1993.

Public Notification:

The initial Category 3 notification commenced on 20 November 2014 however thisnotification given by individual notice to adjoining and adjacent owners (asprescribed) and by advertisement in The Islander newspaper (Regulation 33(2) andsupplementary notification on Kangaroo Island Council’s website was technicallyinvalid by way of advising ‘Category 3 Development’ instead of detailing ‘Category 3Non-complying Development’ pursuant to Regulation 33 (1)(c) specifically.

On 20 November 2014 (on the first day the notification was given), the error in thenotification was detected and a re-notification was given again by individual notice toadjoining and adjacent owners, preparation of advertisement for the next edition ofThe Islander newspaper and notification posted on Kangaroo Island Council’swebsite.

All representations made under the invalid notification were recorded and kept asvalid representations, notwithstanding representors were each re-notified and hadthe opportunity to revise their submission.

Out of probity each ‘early’ representation’s author was contacted by Council staff toexplain the error in notification.

De novo notification of the ‘Category 3 Non-complying’ application commenced on 27November 2014 and concluded on 12 December 2014, (an additional 7 daysnotification effectively given gratis).

Twenty-six (26) representations were received as a result of the Category 3notification. As mentioned in this report’s introduction. Sixteen (16) representorsindicated that they wish to be heard before the Panel, both in support and inopposition of the proposal.

Nine (9) representors did not indicate either option if they did or did not wish to beheard, one (1) representor provided both yes & no response to being heard.

One representor has since forwarded further information as a revised submission,which must be declined as a formal submission pursuant to Regulation 35 (a) andSection 38 (12) of the Act. Notwithstanding the technical invalidity of therepresentation, the representor will in any case have the opportunity to address theDevelopment Assessment Panel as the author of a valid formal response submittedduring the notification period.

Representations are detailed in the attachments to this report and are addressed insubstantial detail in the applicant’s response to submissions, such that it wouldsuffice to summarise representations briefly as follows:

Supporting Representations: Economic benefit of system

o Delivery of investment and economic growth

o Tourism and business development opportunity Direct health improvement for residential areas with sub standard systems Delays to commission CWMS causing negative economic impact Environmental and public health improvements Compliant wastewater management

Opposing Representations: Site location considered inappropriate

o Fundamental opposition to non-complying proposalo Proximity to residential zone rural estate

Operational / design concernso Lagoon breach concerno Effect of treated wastewater disposal on lando Potential for expansiono Potential for re-use

Environmental risk / harmo Proximity to watercourseso Impact to flora and faunao Proximity to Conservation zoneo Glossy Black Cockatoo habitat

Amenityo Visual amenityo Odour / noise impact

Non-Planningo Property valueso Financial / cost

Proceduralo Inappropriateness of consultation processo Relevant Planning Authority queryo Environment Protection & Biodiversity Conservation Act relevanceo Integrity of planning process queried

Applicant Response:

The applicant has provided a response to representations pursuant to Regulation 36(1) and Section 38 (8) of the Act addressing the abovementioned points.

The Category 3 representation with its accompanying maps & documents, and theapplicant’s response are contained in Attachment C.

The applicant’s response summarises:

The Kangaroo Island Council, as part of its Strategic Plan, seeks to provide a longterm solution to its community wastewater needs.

The application has been thoroughly prepared by the Kangaroo Island Council, basedon application plans and documentation, Environmental Management Plan andIrrigation Risk Management Plan, Wallbridge and Gilbert, and in liaison with the EPAand relevant authorities.

Careful consideration has been given to the site selection, infrastructure planning andenvironmental assessment – with the assistance of all levels of government,environmental and financial consultants and the LGA CWMS ManagementCommittee – the project demonstrates substantial merit due to the:-

High order benefits to the environment, public health, the economy and thecommunity

Environmental aspects regarding compliance with relevant EPA guidelines andbuffer separation distances

Location of the facility on the outer periphery of the township (separated bydistance, landform and vegetation), isolated and well away from urban areas andin proximity to rural land

Provision of additional landscape buffers to assist screening the development,coupled with existing roadside vegetation screening

Use of a small amount of rural living land being used for the facility havinginconsequential impact on the long term land supply and growth options atPenneshaw, coupled with significant economic benefits that a centrally managedcommunity wastewater system would achieve

Track record of Wallbridge and Gilbert on delivering quality developments in thisfield – as one of the State’s leading wastewater design consultants.

Many of the elements raised in the public notification process have been respondedwith reference to the Environmental Management Plan, Wastewater IrrigationManagement Plan, Prudential Review report and the Statement of Effect relevant tothis application and objectively responds to the matters raised.

There are some aspects of representations that could be considered poorly founded,those relative to legislative controls, process and jurisdictional matters have beenaddressed in detail in this report to ensure clarity in each matter for the sake of theDevelopment Assessment Panel’s function as the Relevant Planning Authority underdelegation and also for the benefit of public reference.

The application (if supported by DAP) will require referral to the South AustralianGovernment Development assessment Commission (DAC) for concurrence on thisNon-complying application (Regulation 25).

For DAC to issue concurrence, it will review all procedural, statutory and merit basedprocessing of the application, and only where DAC is satisfied with the RelevantAuthority’s processing and assessment, will concurrence be issued.

REFERRALS AND AGENCY CONSULTATION

Mandatory referral to the Environment Protection Authority occurred as requiredpursuant to the Section 37 of the Development Act 1993, as a matter identified inSchedule 8, 10 (b) of the Development Regulations 2008 and defined in Schedule 21of the Regulations as a prescribed matter of Environmental Significance.

Schedule 21—Activities of environmental significance

3—Waste Treatment(2)Sewage Treatment Works or Septic Tank Effluent Disposal Schemes: the conductof—(b) works that involved the discharge of treated or untreated sewage or septic tankeffluent to land or waters (other than land or waters referred to in paragraph (a)),being works with a peak loading capacity designed for more than 250 but not morethan 1000 persons per day.

Note: Paragraph (a)(omitted) relates to land or waters in a water protection area (as declaredunder Part 8 of the Environment Protection Act 1993, not relevant to this proposal.

Environment Protection Authority Response:

SA EPA provided its regard response on 30 December 2014, in respect of itsassessment against the objects of the Environment Protection Act 1993, the GeneralEnvironmental Duty, as defined in Part 4, Section 25 (1) of the Act and relevantEnvironment Protection Policies made under Part 5 of the Act.

The EPA, having given thorough consideration of air quality and noise factors, waterquality (including groundwater), re-use, bunding of chemical dosing and storageareas, and for management of construction of the project, the Authority concluded:

The proposed WWTP is consistent with the EPA's waste management hierarchythrough the provision of a system which can achieve 100 percent recycled waterreuse in a sustainable manner.

Residual environmental risks associated with the proposal are generally low given thedesign features addressing these risks. Therefore, the EPA is satisfied that theproposal would not generate unacceptable odour or noise impacts, pose risks toreceiving water bodies or pose risks of site contamination. The design andconstruction of the proposed 13.5ML storage lagoon is fundamental to mitigatingpotential environmental risks from lagoon leakage and/or the intrusion of groundwateraffecting liner integrity. Conditions addressing these issues form a key part of theEPA's advice.

Whilst the wastewater treatment plant and storage lagoon does not trigger Schedule1 of the Environment Protection Act 1993 and would not require an EPA licence, thefacility may be subject to EPA inspection. As such, the EPA would be expected thatthe proposed wastewater leak detection/collection and inspection system is notimpeded by groundwater interaction and that all measures would be taken to ensurethat the lagoon base has adequate separation to groundwater throughout the year.

And has advised that the Relevant Planning Authority attach the following conditionsand advisory notes, should the application be approved:

EPA Conditions

1. Groundwater monitoring must be undertaken prior to constructioncommencing in order to record the highest seasonal standing groundwater level atthe site of the proposed wastewater storage lagoon. Monitoring of standinggroundwater levels must be conducted over a period where groundwater levels arelikely to be at their highest (i.e. winter/spring). The monitoring results must beprovided to the Environment Protection Authority within 3 months of completion.

2. Detailed design of the 13.5 ML wastewater storage lagoon must ensure aminimum 1m separation between the base of the lagoon and the highest standinggroundwater levels at the site.

3. The wastewater storage lagoon must incorporate a 1.5mm thick high densitypolyethylene (HDPE) liner and a leak detection system.

4. An 'As Constructed' Report (ACR) to document work performance andConstruction Quality Assurance (QCA) for the subgrade preparation and HDPE linerplacement for the proposed 13.5ML storage lagoon must be provided to theKangaroo Island Council and the Environment Protection Authority within threemonths of construction.

5. Any chemicals used must be stored within a bunded area which has acapacity of at least 120% (or 133% for flammable materials) of the volume of thelargest container to be stored within the bund and which is designed and constructedto prevent the escape of material into surface or underground water resources.

6. Dust from excavation and construction activities must be controlled andminimised through implementation of dust suppression measures, including wateringand screening where required.

EPA Advisory Notes

The applicant is reminded of its general environmental duty, as required bySection 25 of the Environment Protection Act, to take all reasonable andpracticable measures to ensure that the activities on the whole site, includingduring construction, do not pollute the environment in a way which causes or maycause environmental harm.

There is a potential for noise pollution to be generated during earthworks.Construction noise must comply with Division 1 of the Environment Protection(Noise) Policy 2007.

Regular monitoring of the proposed leakage detection system should be in placeto ensure the ongoing integrity of the lagoons

A contingency plan should be in place to address emergency events such asidentification of lagoon leakage, extreme storm events that could lead tooverflows, pump breakdown, etc.

A minimum freeboard of 600mm should be maintained in the lagoon to provideadequate buffer capacity in cases of heavy rainfall events and high inflows.

Consideration of the EPA Wastewater Lagoon Guideline should be given toensure obligations of the Environment Protection Act 1993 and the EnvironmentProtection (Water Quality) Policy 2003 are met during construction.http://www.epa.sa.gov.au/environmental_info/waste/liquid_waste/wastewater_lagoons

The applicant/operator is reminded that all reasonable and practicable measuresto prevent irrigation causing harm to soil, groundwater or any other waters shouldbe taken as per the guidance contained within EPA’s ‘Wastewater IrrigationManagement Plan’ Guidelines.http://www.epa.sa.gov.au/xstd_files/Waste/Guideline/guide_wimp.pdf

The applicant/operator is reminded that any recycled wastewater used at, orremoved from the premises for the purpose of irrigation or reuse should be ofquality that is fit for the intended use (i.e. fit for purpose) as per the guidancecontained within the 'Australian Guidelines for Water Recycling: Managing Health& Environmental Risks' (Phase 1) 2006.

Further guidance in relation to chemical storage within bunded areas can befound in the EPA's Bunding and Spill Management Guidelines (found at:http://www.epa.sa.gov.au/xstd_files/Waste/Guideline/guide_bunding.pdf).

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

The SA EPA’s response is contained in Attachment D.

DEVELOPMENT PLAN & POLICY

The proposal is presented to the Panel in accordance with Council Delegations – fora decision on a Non-Complying form of Development, and due to objectionablerepresentation being received as a result of Category 3 public notification.

The following Objectives and Principles of Development Control (PDC) of theKangaroo Island Development Plan – Consolidated 20 February 2014, areconsidered most relevant to the assessment of this application.

Rural Living ZoneObjectives: 1 & 2Desired Character Statement, Paragraph 1Principles of Development Control (PDC’s): 1, 2, 4, 6, 11 & 12

Design and AppearancePDC’s: 5, 7, 14, 17 & 19

HazardsObjectives: 5 & 8PDC’s: 16, 18 & 24

InfrastructureObjectives: 1 & 4PDC’s: 1, 4 & 9

Interface Between Land UsesObjectives: 1, 2 & 3PDC’s: 1, 2, 7 & 11

Landscaping, Fences and WallsObjectives: 1 & 2

Natural ResourcesObjectives: 1, 2, 3, 8 & 10PDC’s: 27, 28, 33, 38 & 39

Orderly and Sustainable DevelopmentObjectives: 1, 2, 3 & 4PDC’s: 1 & 6.

Siting and VisibilityObjective: 1PDC’s: 1 & 8

Sloping LandObjective: 1PDC : 7

Transportation and AccessPDC’s: 2, 3, 11, 13, 21 & 22

WasteObjective: 1PDC’s: 8, 9, 10, 11 & 17

Waste Management FacilitiesObjective: 1 & 2PDC’s: 3, 4, 5, 6, 9, 12, 13 & 18

PLANNING ASSESSMENT

Rural Living Zone Non Complying Development list: Waste reception, storage,treatment or disposal.

Rural Living Zone Objective 1: A zone consisting of large allotments, detacheddwellings and rural activities that do not adversely impact the amenity of the locality.

Rural Living Zone Objective 2: Development that contributes to the desiredcharacter of the zone.

Desired Character Statement:Para 1: The zone has a high standard of amenity that will be retained, primarilythrough extensive vegetation, screening of buildings, structures and uses of land. Thedevelopment of detached dwellings on large allotments is intended.

Rural Living Zone PDC 1: The following forms of development are envisaged in thezone:▪ bed and breakfast▪ detached dwelling▪ domestic outbuilding in association with a detached dwelling▪ domestic structure▪ dwelling addition▪ farming▪ farm building▪ stable.

Rural Living Zone PDC 2: Development listed as non-complying is generallyinappropriate and not acceptable unless it can be demonstrated that it does notundermine the objectives and principles of the Development Plan.

The proposed development is a non complying form of development and could notdraw parallels to the envisaged forms of development within the zone, perhaps withthe exclusion of incorporating a ‘shed like’ building and its intent to screen its site withnative species.

Non-complying development is fundamentally prescribed as inappropriate within agiven zone as defined by Development Plans, however this Non-complyingdevelopment classification does not remove the right of application.

Such an application does however initiate a more involved assessment processunder the Act. Such an application must undergo a rigorous statutory process todemonstrate substantial merits against the provisions of the Development Plan andmust pass assessment at a number of levels. A great deal of onus is placed on theapplicant to demonstrate merit against the Plan and to validate positive social,economic and environmental effect through the Statement of Effect.

The application is reviewed by the DAC for concurrence if it is supported by theRelevant Planning Authority. At each stage of the process, the Relevant Authority, aPrescribed body (in this case the EPA) or the DAC can refuse the application withoutany recourse for appeal by the applicant.

In this application, the proponent has sought to illustrate the that the proposeddevelopment is of such a scale and intensity and that the nature of the developmentis not prejudicial to the proper development of the zone in which it is to be situated,and that it will not threaten the amenity of the locality or to the owners or occupiers ofland (and their reasonable uses of land).

The proposed development does not prejudice the development of land as describedin the Desired Character Statement (Paragraph 1) where large allotments can becreated with substantial area to allow for building envelopes that are adequatelyseparated from the proposed development.

Envisaged non-residential uses as described in PDC 1 can unquestionably becontained on surrounding land and can harmoniously exist within the separationareas from which sensitive forms of development, such as dwellings would beexcluded, these may include (from PDC 1):

domestic outbuilding even where association with a detached dwelling domestic structure dwelling addition farming farm building stable.

As well as many other ‘merit’ land uses or developments, such as: Non intensive animal keeping activities such as keeping horses, hobby animal

keeping / farming, low intensity horticulture (and non intensive gardening atsubstantial scale),

Establishment of rural living bush blocks supporting native habitat and / orincluding re-vegetation,

Normally acceptable uses of land in recreational pursuits (even within bufferzones)

But clearly only permitting establishment of residential and other habitable buildingsoutside of the buffer zone surrounding the proposed waste water treatment facility.

Rural Living Zone PDC 4: The keeping of animals should be ancillary to and inassociation with the residential use of the land.

Rural Living Zone PDC 6: Horticulture should be limited to 25 per cent of the totalallotment area.

As discussed above, other common non-residential rural living land uses or activitiesmay occur upon surrounding allotments without limitation or encumbrance asdetailed in the zone provisions, provided residential development is situated outsideof buffer zones.

Rural Living Zone PDC 11: The Development should not occur on land where slopeposes an unacceptable risk of soil movement, landslip or erosion.

Rural Living Zone PDC 12: The Development of sloping sites (greater than 1-in-5)or development that would be highly visible from the surrounding area, should besited and designed to:

(a) provide a stable and readily accessible building site(b) reduce the visual bulk of the building(c) incorporate roof lines which complement the natural slope of the land

Development involving sloping sites should be treated with care to avoid aggravatingerosion, soil movement and land slip. PDC 12 describes a threshold of 1:5 slopegradient requiring special consideration to the siting of development. Furtherprovisions for development of sloping sites and landform modification are given in thefollowing:

Hazards PDC 24: Development, including associated cut and fill activities, should notlead to an increased danger from land surface instability or to the potential of landslipoccurring on the site or on surrounding land.

Natural Resources Objective 10: Minimal disturbance and modification of thenatural landform.

Natural Resources PDC 38: Development should be designed and sited to preventerosion.

Natural Resources PDC 39: Development should take place in a manner that willminimise alteration to the existing landform.

Sloping Land PDC 7: The excavation and/or filling of land outside townships andurban areas should:(a) be kept to a minimum and be limited to a maximum depth or height no greaterthan 1.5 metres so as to preserve the natural form of the land and the nativevegetation(b) only be undertaken in order to reduce the visual impact of buildings, includingstructures, or in order to construct water storage facilities for use on the allotment(c) only be undertaken if the resultant slope can be stabilised to prevent erosion(d) result in stable scree slopes which are covered with top soil and landscaped so asto preserve and enhance the natural character or assist in the re-establishment of thenatural character of the area.

The site of the development exhibits gentle slopes around its immediate periphery.Topographic detail from sa.gov.au land administration and topographic mappingsources confirms land gradients within the immediate 500+ metres as being of 1:10or lesser grade. Eastern and western aspect slopes are slightly steeper than thenorthern aspect slope, but range from 1:10 to 1:12 gradients

Aerial Image, Nature Maps www.naturemaps.sa.gov.au Topographic gradients (10m).

Earthworks associated with the proposed development’s lagoon construction andearth mound landscaping is designed with 1:5 batters (1:2 batters are considered tobe stable and self supporting) and are to specifically form ‘scree slopes’ forestablishing and maintaining native vegetation landscape screening and minimiserisk of erosion of the earth banks and washout of landscape vegetation.

Siting and Visibility Objective 1: Protection of scenically attractive areas,particularly natural, rural and coastal landscapes.

Siting and Visibility PDC 1: Development should be sited and designed to minimiseits 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 andwalking trails(d) the amenity of public beaches.

Siting and Visibility PDC 8: Development should be screened through theestablishment of landscaping using locally indigenous plant species:(a) around buildings and earthworks to provide a visual screen as well as shade insummer, and protection from prevailing winds(b) along allotment boundaries to provide permanent screening of buildings andstructures when viewed from adjoining properties and public roads(c) along the verges of new roads and access tracks to provide screening andminimise erosion

In respect of visual prominence, the extent of viewscapes from Penneshaw and itssurrounds is limited to the area some 300 metres north of the development site,particularly north of the thin band of native vegetation that crosses the middle of Lot150 laying in a roughly east – west orientation.

Clear view is not available of the area south of this vegetation towards the site of thedevelopment. Even when viewed from the most elevated (though somewhat distant)vantage points across the township, such as from Hog Bay Road nearby Penneshaw

Cemetery, or from the intersection of Middle Terrace and Frenchmans Terrace onapproach to Hog Bay Beach. – These views are considered to be of high landscapevalue also.

There are practically no coastal views available to from the south of the subject landthat would be adversely affected by the siting of the proposed development and itsstructures and screening. Very reasonable panoramic views would be obtainablefrom the immediately adjoining peripheral allotments and from any development orfuture division of land in front of the immediate site, i.e. between allotments proposedin 520/D017/14 and existing allotments fronting Fernande Court and Dolphin Way.

Landscape screening should be improved with a more diverse range of species(rather than monoculture of allocasuarina verticillata (Drooping Sheoak), additionalspecies such as eucalyptus diversifolia (SA Coast Mallee), eucalyptus cnerifolia(Kangaroo Island Narrowleaf Mallee) and acacia dodonaeifolia (Sticky Wattle), wouldpresent a semi-diverse native screen consistent with the surrounding environment.

Design and Appearance PDC 5: Building form should not unreasonably restrictexisting views available from neighbouring properties and public spaces.

Design and Appearance PDC 7: The external walls and roofs of buildings shouldnot incorporate highly reflective materials which will result in glare.

Design and Appearance PDC 14: Development should be designed and sited sothat outdoor storage and service areas are screened from public view by anappropriate combination of built form, solid fencing or landscaping.

Design and Appearance PDC 17: The external materials and colours of a buildingshould not result in a detrimental impact upon the existing character of the locality.

Design and Appearance PDC 19: Except where otherwise specified, buildings andstructures should be set back from road boundaries having regard to therequirements set out in Table KI/3 - Building Setbacks from Road Boundaries.

Infrastructure Objective 4: The visual impact of infrastructure facilities minimised.

Buildings proposed in this development comprise a 10.0 metres length x 6.0 metreswidth x 3.0 metres high (flat deck roof) shed (plant building) in a non reflectivecolourbond beige external finish.

Further built development on the site comprises two 7.5 metres diameter treatmenttanks protruding 1.5 metres from the surface of the ground (partially buried) whichwill be of concrete construction, and the proposed chain wire security fence of 2.0metres with two-row barbed wire top (galvanised materials).

The development on the site will be substantially screened with native landscaping tothe northern and eastern aspects of the site. External finish of the plant building andthe exposed 1.5 metres of the concrete tank rims will be of a non reflective finishwhich, amongst the proposed natural remnant vegetation, and proposed landscapingand earth-mounding, will amalgamate with the hues of the natural rural landscape.

Buildings will be set back in excess of the prescribed setback distance for RuralLiving Development, as detailed in Table KI/3 of the Kangaroo Island DevelopmentPlan.

Landscaping, Fences and Walls Objective 1: The amenity of land anddevelopment enhanced with appropriate planting and other landscaping works, usinglocally indigenous plant species where possible.

Landscaping, Fences and Walls Objective 2: Functional fences and walls thatenhance the attractiveness of development.

Waste Management Facilities PDC 12: Chain wire mesh or pre-coated paintedmetal fencing to a minimum height of 2 metres should be erected on the perimeter ofa waste management facility site to prevent access other than at entry points.

Waste Management Facilities PDC 13: Plant, equipment or activities that couldcause a potential hazard to the public should be enclosed by a security fence.

Fencing may present more prominently from exposed views to the south (towards‘Old Cape Willoughby Road’ or Government Road) and where exposed to view fromthe western aspect, which is not readily visible. Northern and eastern aspects will notbe prominent to view as a result of the fences’ amalgamation with the proposedlandscaping, which will provide shadow and broken backdrop to the structure andremain well disguised viewed at any distance.

Whilst the proposed landscaping treatment will provide adequate attenuation of viewsfor the immediately neighbouring allotments created in 520/D017/14, it is likely thatthe adjoining land parcels will incorporate further boundary landscaping, andorientate dwellings towards the distant but dominant coastal views to the north ratherthan orientate to look ‘inland’ towards rural landscapes.

Interface Between Land Uses Objective 1: Development located and designed toprevent adverse impact and conflict between land uses.

Interface Between Land Uses Objective 3: Protect desired land uses from theencroachment of incompatible development.

Interface Between Land Uses PDC 2: Development should be designed and sitedto minimise negative impact on existing and potential future land uses consideredappropriate in the locality.

As discussed elsewhere in this report, the potential for dissimilar land use conflictsresulting from the proposed development’s operation, and any attributable noise,odour or the like is capable of being adequately attenuated and would allow normalRural Living type land uses to coexist in relatively close proximity to the developmentprovided that appropriate separation distances between sensitive (residential orhabitable) development are observed.

The EPA’s response to mandatory Schedule 8 referral suitably addresses anyconcern about the operation of the facility presenting risk to the environment and it isnoted that the scheme falls within the lower threshold of wastewater treatmentfacilities (outside of water catchment areas as defined under the EnvironmentProtection Act 1993) – referred in Schedule 21 of the Development Regulations).

Interface Between Land Uses Objective 2: Protect community health and amenityfrom adverse impacts of development.

Interface Between Land Uses PDC 1: Development should not detrimentally affectthe amenity of the locality or cause unreasonable interference through any of thefollowing:(a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants

(b) noise(c) vibration(d) electrical interference(e) light spill(f) glare(g) hours of operation(h) traffic impacts.

Interface Between Land Uses PDC 7: Development that emits noise (other thanmusic noise) should include noise attenuation measures that achieve the relevantEnvironment Protection (Noise) Policy criteria when assessed at the nearest existingnoise sensitive premises.

Interface Between Land Uses PDC 11: Development with the potential to emitharmful or nuisance-generating air pollution should incorporate air pollution controlmeasures to prevent harm to human health or unreasonable interference with theamenity of sensitive uses within the locality.

Some concern and potential exists for near-site air quality impacts as indicated in anumber of Category 3 representations. The applicant’s response makes reference todetail given in the Environmental Management Plan, Wastewater IrrigationManagement Plan and the acceptable limits set by the Environment ProtectionAuthority in the EPA Separation Distances Guidelines 2007 as referenced in theEPA’s consultation response.

The EMP states that risk of odour outfall is considered to be low. Technicalattenuation of odour release by way of carbon vent filters for scheme pump stationvents, reducing risk of odour nuisance to the township area under normal operation.

The lagoon itself is afforded large separation distances to existing rural livingallotments (300 metres) and larger separation to the urban boundary (600 metres),any development on the adjoining allotments will be required to set back a minimumof 150 metres from the lagoon site in accordance with EPA Separation Guidelines.

Some weighting must be given to the fact that the adjoining land at this time isundeveloped, and therefore no immediate impact to their inhabitation or enjoyment ofthe land exists. As foreshadowed, the capacity for the land (including buffer zones) tobe utilised for rural living activities prevails without encumbrance.

Assessment of the proposed facility’s siting against the EPA Guidelines, confirmsthat the resulting separation distances afforded and the layout of allotments withappropriate building envelopes outside of the buffer zones (in excess of 100 metresfor air emissions (air quality & odour) of the EPA Separation Distance Guidelines2007), are acceptable and compliant.

The EPA’s Water Quality Environment Protection Policy referred to in the EMPprovides that dwellings should be situated not less than 200 metres (as a guideline)from wastewater storage lagoons (relevant to un-treated water). The 150 metrebuffer arrangement is considered by the consultants, Wallbridge and Gilbert, to be aconservative and appropriate buffer. EPA have not raised concern with theseparation distances afforded by the proposal.

The EPA’s Guidelines for Separation Distances and Water Quality EPP areaccessible online at www.epa.sa.gov.au

Infrastructure Objective 1: Infrastructure provided in an economical andenvironmentally sensitive manner.

Infrastructure PDC 1: Development should not occur without the provision ofadequate 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(h) social infrastructure, community services and facilities.

Infrastructure PDC 4: Development should not take place until adequate and co-ordinated drainage of the land is assured.

Infrastructure PDC 9: Utilities and services, including access roads and tracks,should be sited on areas already cleared of native vegetation. If this is not possible,their siting should cause minimal interference or disturbance to existing nativevegetation and biodiversity.

The proposal’s express intent is to provide the most economical infrastructuresolution to the Penneshaw township with the most environmentally sensitive location,design and operation.

Availability of CWMS to Penneshaw will ensure that reasonable levels ofdevelopment are permitted. Currently dwelling renovations, minor additions andsome fit out proposals are substantially disadvantaged, or not able to proceed at all,as current day public health requirements for wastewater treatment and disposal areunable to be met.

This is specifically applicable to ‘the levels’ between Frenchman’s Terrace andKaratta Terrace, Talinga Terrace and Buffalo Terrace where allotment size will oftennot permit installation of new tank and sub-surface soakage or aerobic irrigationsystems.

Hazards Objective 5: Critical community facilities such as hospitals, emergencycontrol centres, major service infrastructure facilities, and emergency service facilitieslocated where they are not exposed to natural hazard risks.

Hazards Objective 8: Minimisation of harm to life, property and the environmentthrough appropriate location of development and appropriate storage, containmentand handling of hazardous materials.

The proposed development is to be located in a medium bushfire risk zone, wheresubstantial separation from stands of native and roadside vegetation. The site isreadily accessible and is not exposed to any unreasonable risk of natural hazards.

The proposed development does not involve a high degree of human activity andtherefore would not present any risk to human life in the event of natural disaster.

The site is elevated and well drained. There is little likelihood of any form ofinundation, waterlogging or flooding affecting the development or its infrastructure.Dam burst risk has been assessed by Wallbridge and Gilbert as being low.

In the unlikely event of catastrophic failure of the 13.5 ML lagoon would result inwater being dispersed over the land such that if it were to cover the downslope areaof Lot 150, the water would distribute (flood out) over some 80 Ha at a rate ofapproximately 60mm per m².

Aerial Image, Nature Maps www.naturemaps.sa.gov.au interpreted potential flood-out areaunder catastrophic failure. Watercourses and topographic detail layers from Governmentsources. (flow friction coefficients not calculated).

Hazards PDC 16: Development should not increase the potential for, or result in anincrease in, soil and water salinity.

Hazards PDC 18: Irrigated horticulture and pasture should not increase groundwater-induced salinity.

Natural Resources Objective 1: Retention, protection and restoration of the naturalresources and environment.

Natural Resources Objective 2 Protection of the quality and quantity of SouthAustralia’s surface waters, including inland, marine and estuarine and undergroundwaters.

Natural Resources Objective 3: The ecologically sustainable use of naturalresources including water resources, including marine waters, ground water, surfacewater and watercourses.

Natural Resources Objective 8: Native flora, fauna and ecosystems protected,retained, conserved and restored.

Sloping Land Objective 1: Development on sloping land designed to minimiseenvironmental and visual impacts and protect soil stability and water quality.

Waste PDC 17: The spreading or discharging of treated liquid or solid waste onto theground should only occur where the disposal area consists of soil and vegetation thathas the capacity to store and use the waste without contaminating soil or surface orground water resources or damaging crops.

Waste Management Facilities PDC 18: Where required, a leachate barrier shouldbe provided between the operational areas and underlying soil and groundwater.

The proposal has been provided with calculations in the Wastewater IrrigationManagement Plan (WIMP) that detail the method and rate of disposal of treatedwaste water in a sustainable manner, based on a number of factors includingevapotranspiration, soakage, nutrient, PH and surface / ground water characteristicsof the land.

The capacity of natural grassland cover to consume irrigated wastewater (uponwhich the irrigation rates are based) has been calculated to require 4Ha of land forsustainable use, notwithstanding that more water intensive crops could be introducedfor commercial value and increased disposal capacity if necessary.

Receiving soils sampling (groundwater) is proposed in the WIMP to occur annuallywhich is consistent with Council’s CWMS monitoring and irrigation monitoring plansfor Kingscote, Parndana and American River CWMS as endorsed by the EPA.

The 4.0 Ha receiving soils has been assessed as being capable of sustainablyreceiving the expected wastewater loadings without environmental harm, or risk tothe land’s structure.

The Wastewater Irrigation Management Plan details the calculations balancingirrigation rates with lagoon storage volume, having a buffer of around 1,000,000litres. The calculations are based on 1 in 10 year high rainfall event followed byaverage year rainfall conditions for estimated rainfall influence, which has thecapacity to alter sustainable irrigation rates.

A Risk Management Plan component is contained in the WIMP as part of theplanning for emergencies and the notification procedures including EPA and SAHealth.

The proposed lagoon is required to be fitted with a 1.5mm impervious HDPE liner.The depth of the lagoon does not intercept the groundwater. Standard forms of leakdetection to ensure that any failure of the lagoon liner is detected and can beremedied expeditiously.

Natural Resources PDC 27: Development should retain existing areas of nativevegetation and where possible contribute to revegetation using locally indigenousplant species.

Natural Resources PDC 28: Development should be designed and sited to minimisethe loss and disturbance of native flora and fauna, including marine animals andplants, and their breeding grounds and habitats.

Natural Resources PDC 33: Development should be located and occur in a mannerwhich:(a) does not increase the potential for, or result in, the spread of pest plants, or thespread of any non-indigenous plants into areas of native vegetation or a conservationzone(b) avoids the degradation of remnant native vegetation by any other means includingas a result of spray drift, compaction of soil, modification of surface water flows,pollution to groundwater or surface water or change to groundwater levels(c) incorporates a separation distance and/or buffer area to protect wildlife habitatsand other features of nature conservation significance.

The proposed development unequivocally avoids any native vegetation. Thedevelopment site has been historically cleared and maintained as low intensityfarming land. Substantial roadside vegetation exists along the road reserves ofBinneys Track and Government Road (south of the site), of which no vegetationremoval or modification is proposed. The land is already accessible via existing roads(likely to be subject to some re-surfacing) and has existing access points toGovernment Road.

The proposal supports the establishment of new native vegetation habitats wherelandscape screening is to be established. Comments regarding increased diversity oflandscape screen planting should be observed to produce a more balancedcomposition and appearance of the landscape screening and to match nativeremnant vegetation in the locality.

Orderly & Sustainable Development Objective 1: Orderly and economicaldevelopment that creates a safe, convenient and pleasant environment in which tolive.

Orderly & Sustainable Development Objective 2: Development occurring in anorderly sequence and in a compact form to enable the efficient provision of publicservices and facilities.

Orderly & Sustainable Development PDC 6: Development should be located andstaged to achieve the economical provision of public services and infrastructure, andto maximise the use of existing services and infrastructure.

Transportation and Access PDC 2: Development should be integrated with existingtransport networks, particularly road corridors, as shown on Overlay Maps -Transport, and designed to minimise its potential impact on the functionalperformance of the transport networks.

Transportation and Access PDC 3: Transport corridors should be sited anddesigned so as to not unreasonably interfere with the health and amenity of adjacentsensitive land uses.

Transportation and Access PDC 11: Development should discourage commercialand industrial vehicle movements through residential streets and adjacent othersensitive land uses such as schools.

Transportation and Access PDC 13: Development should make sufficient provisionon site for the loading, unloading and turning of all traffic likely to be generated.

Transportation and Access PDC 21: Development should have direct access froman all weather public road.

Transportation and Access PDC 22: Development should be provided with safeand convenient access which:(a) avoids unreasonable interference with the flow of traffic on adjoining roads(b) accommodates the type and volume of traffic likely to be generated by thedevelopment or land use(c) is sited and designed to minimise any adverse impacts on the occupants of andvisitors to neighbouring properties.

Waste Management Facilities Objective 1: The orderly and economic developmentof waste management facilities in appropriate locations.

Waste Management Facilities PDC 3: Waste management facilities should not belocated where access to the facility requires, or is likely to involve, the use of non-arterial roads in adjacent residential areas.

Waste Management Facilities PDC 9: Waste management sites should beaccessed by appropriately constructed and maintained roads.

The proposed development is considered to balance the interests of the developmentof the township of Penneshaw and the many positive affects associated therewithagainst potential negative impacts, many of which have been represented throughthe public notification process,

The proposal pursues strategic direction for provision of basic service infrastructurein the most orderly and economical manner available, including selection of the mosteconomically viable site, considering such matters as:

Cost of civil works for constructing the treatment plant itself;o Cost and accessibility for collection network and pumping apparatus

Siting of the development The development’s visual and amenitive impacts Capacity for disposal options (and future opportunity to direct re-use to town) Expansion opportunities Accessibility

The proposed development is also conveniently proximate to Council’s Penneshawworks depot, only 3.6 kilometres away on Willoughby Road.

The proposed development is situated such that any commercial traffic will makemost convenient access via the main arterial road network from Hog Bay Road andWilloughby Road, making access from the south of Binneys Track, rather thanthrough town centre, residential and rural living areas of Penneshaw.

Orderly & Sustainable Development Objective 3: Development that does notjeopardise the continuance of adjoining authorised land uses.

Orderly & Sustainable Development Objective 4: Development that does notprejudice the achievement of the provisions of the Development Plan.

Orderly & Sustainable Development PDC 1: Development should not prejudice thedevelopment of a zone for its intended purpose.

Waste Management Facilities Objective 2: Minimisation of human andenvironmental health impacts from the location and operation of waste managementfacilities.

Waste Management Facilities PDC 5: Only land uses and activities that arecompatible with both a waste management facility and any adjacent land uses maybe located within the separation distance.

As previously discussed with respect to the Rural Living zone provisions, it isconsidered that the proposed development of the wastewater treatment facility canco-exist harmoniously with the surrounding land, including the Conservation zoneadjacent to the east, the Primary Production zone adjacent to the south and ofspecific concern, the Rural Living zone to the north as previously discussed.

In all cases, the adjacent zones (with the possible exception of the Conservationzone), are not jeopardised by the facility. The Primary Production zone couldostensibly seek re-use opportunities for waste water irrigation of commercial crops,

with minimal cost for piping treated water. The existing primary production land use inthat zone would not be affected to any degree by the proximity and operation of theproposed wastewater treatment plant.

Similarly, provision could be made for re-use opportunities within the largesurrounding Rural Living allotments which have been approved in 520/D017/14 –each in the order of 2 Ha area.

The zone will otherwise support normal rural living activities on these allotments, andany further land division to the north, between the development site and theFernande Court / Dolphin Way allotments, which will achieve substantially graterseparation distances.

The only encumbrance to the immediately adjoining allotments is that an exclusionarea or buffer zone is to be observed to ensure that dwellings (or other sensitivedevelopments) are not situated within the 150 metre separation distance.

Many other rural living land uses and activities can take place within the buffer zonewithout risk. The EPA Separation Distance Guidelines 2007 and Water Quality EPP2003 are relevant in controlling such buffer zones.

The further use of the zone and the proper development of Penneshaw generally isnot prejudiced, but to the contrary, its development as a thriving town centre andtownship will be bolstered by the better servicing and development opportunities thatwill be realised with the CWMS scheme commissioning.

Waste Objective 1: Development that, in order of priority, avoids the production ofwaste, minimises the production of waste, reuses waste, recycles waste for reuse,treats waste and disposes of waste in an environmentally sound manner.

The proposal by Council to establish a Community Wastewater ManagementScheme accords the hierarchy of waste management, where re-use in preference ofdisposal. In the case of community wastewater, it is treated to appropriate levels forits intended re-use and then put to a dedicated re-use disposal area.

As mentioned previously, the proposal has capacity for 4 Ha of dedicated use –although the calculations by Wallbridge and Gilbert have been based on maintainingand irrigating natural grassland, capacity exists for commercial crop production, turf,woodlot or other primary production or horticulture uses (within health constraints).

Waste PDC 8: Wastewater storage lagoons should not be sited in any of thefollowing areas:(a) within land subject to a 1 in 100 year average return interval flood event(b) within 50 metres of the top of the bank of a watercourse(c) within 500 metres of the coastal high water mark(d) where the base of the lagoon would be below any seasonal water table.

Waste PDC 9: Wastewater storage lagoons should be avoided within a waterprotection area within the meaning of Part 8 of the Environment Protection Act 1993.

Waste PDC 10: Wastewater storage lagoons should be sufficiently separated fromadjacent land uses that may be sensitive to adverse odours.

Waste PDC 11: Wastewater storage lagoons should be designed and constructed inaccordance with the current Environment Protection (Water Quality) Policy.

The proposed development complies with the provisions for separation distancesdescribed in PDC 11 with provision of buffer zones as described in the WIMPprepared by Wallbridge and Gilbert. The assessment has also had regard to the EPASeparation Guidelines 2007 to which it is compliant.

The proposal does not exist within a water protection area under the EnvironmentProtection Act 1993, specified in PDC 9, and the proposed development exceeds thesetback distances specified in 8, as follows:(a) – is not within land subject to flooding, as it is situated upon the most elevatedpoint of the land,(b) the proposed development is a minimum of 300 metres from the nearestwatercourse defined in a 1:10,000 topographic map,(c) is situated in excess of 1125 metres of the coastal high water mark(d) the application detail including borehole ground water identification confirms thatthe base line of the lagoon will not intercept the groundwater table.

Waste Management Facilities PDC 4: Waste management facilities should beappropriately separated from sensitive land uses and environmentally-sensitiveareas. The separation distance between the waste operations area and sensitiveuses should be incorporated within the development site as illustrated in the figurebelow. The waste operations area includes all closed, operating and future cells.

Waste Management Facilities PDC 6: Separation and/or noise attenuation shouldbe used to ensure noise generation associated with the waste management operationdoes not unreasonably interfere with the amenity of sensitive land uses.

The proposed development site does not wholly contain the separation distance‘buffers’ within the site boundaries (described in Waste Management Facilities PDC4), due to the scale of the allotments being created peripheral to the waste treatmentfacility.

The peripheral allotments, which have been created in DA 520/D017/14 are sized inthe order of 2 Ha and therefore will allow substantial space – in the order of half theallotment areas as a minimum – are available for development of dwellings and anyother sensitive uses outside of the buffer, but permitting other rural living land uses oractivities to occur within the buffer zone without risk.

The proposed development could ostensibly be extended west, still maintainingsatisfactory environmental buffers and in doing so, would not cause any furtherimpact to the adjoining allotments.

Any undesirable impacts including visual imposition and any noise outfall likely tooccur is likely to be attenuated by the boundary landscaping / screening and earthmounding that is to be established along the eastern and northern propertyboundaries.

The physical separation from the adjoining allotments’ residential building ‘envelopes’of 150 metres (minimum) or up to 250+ metres available for some allotments, willalso assist in negating any of the unlikely outfalls from the site.

Prospective owners of land peripheral to the facility will be able to enjoy largeallotments (in excess of 3 times larger than existing Outlook land division allotments),with the only apparent encumbrance being that dwellings (or habitabledevelopments) will be required to be situated 150 metres or greater from the lagoon

site, and observe the appropriate front allotment boundary setback provided onKangaroo Island Development Plan, Table KI/3.

Notwithstanding the proximity, or presence of the facility, the peripheral allotmentsremain highly conducive to rural living type land uses and are within a limited class ofRural Living allotment in the Penneshaw area that would be capable of supportinggenuine rural lifestyle opportunities, as distinct from the existing Rural Livingallotments within The Outlook land division and the Township’s Trethewey Terrace &Wrights Road Rural Living allotments, which present allotments more akin to largeresidential allotments, which were created under former Country Living zoning.

Despite the proposed development’s land use being established contrary to the intentof the zone, contained at the south-eastern boundary of the Rural Living zone, itsestablishment will remove only a small portion of the zone, in the order of 8 Hectares,from the overall land area available.

CONCLUSION

The proposal for the establishment of the proposed wastewater treatment facility,inclusive of its treatment infrastructure, security fencing and earth mounding andlandscaping, purporting a non complying land use, is of a scale that presents asubstantially small excise from the overall Rural Living zone.

The balance of the land remaining continues to present highly appropriate allotmentsfor establishing genuine Rural Living land uses and activities on larger land parcels,particularly at the close interface with the dedicated rural environment to the southwithin the Primary Production zone.

The interface with the Conservation zoned land to the east also reflects appropriateoutcomes, including the resulting large peripheral allotments, where any greaterdensity of development could increase human impact to the conservation land and itsenvironment.

In this respect the presence of the waste water treatment facility presents a fairlypassive activity on the land, avoiding impacts associated with more intensive landuses, thus the resulting arrangement of allotments and land uses which form anappropriate transition between these zones.

Any traffic associated with the development is directed away from township andurban areas and the proposed development’s peripheral landscape screening willprovide an appropriate visual attenuation of the site and its facilities from both nearbyoutlooks (adjoining allotments) and also from distant vantage points looking towardsthe natural backdrop of the township in this area.

The landscaping composition can effectively amalgamate with the naturalenvironment, particularly with the inclusion of some additional species.

Sentiments concerning potential failure of the lagoon and impacts associatedtherewith are certainly not designed into the proposal – Just as a building is notdesigned (or engineered) to fail, these concerns are speculative only.

The proposed development objectively sets out to achieve high level environmentaloutcomes incorporating somewhat standard designs including impervious linedlagoons, over-engineered / over designed capacities and designing margins into

irrigation plans and the like to ensure that no element of the scheme is being pushedto its critical tolerances.

Environmental monitoring requirements and the Environment Protection Authority’sconsent conditions are basic and reflect the thoroughly prepared proposal,management plans, contingencies and risk management.

The proposed development is in the public interest, seeking to secure economic andsocial benefits to the township of Penneshaw and ensuring environmentally soundmethods of wastewater management are available for the future. Accordingly, thesocial, economic and environmental effects of the proposal show great merit.

The development does not impact upon any sensitive physical environments orhabitats, the proposal fundamentally removing a small area of Rural Living land fromconventional use and having limited effect upon immediately adjoining land.

The application has put to rigorous assessment through the Non complyingdevelopment assessment process.

The proposal has been interrogated by the relevant state agency for EnvironmentalProtection as required by the Act and Regulations, and consultation with the publichas occurred and submissions been given due regarded in assessment.

The proposed development is considered to accord the relevant provisions of theKangaroo Island Development Plan to a high degree and exhibits substantial social,economic and environmental merit such that it is considered to warrant theDevelopment Assessment Panel’s support.

RECOMMENDATION

The Kangaroo Island Council Development Assessment Panel:

(i) resolve that Non-complying Development Application 520/144/14 is not seriouslyat variance with the Kangaroo Island Development Plan consolidated 20 February2014, and;

(ii) the panel resolve to approve Development Application 520/144/14 for theestablishment of a wastewater treatment facility at Lot 150 DP67049 in the Hundredof Dudley by Kangaroo Island Council, and;

(iii) resolve that the application proceed to seek the required concurrence of theDevelopment Assessment Commission (prior to issuing notice of the decision),subject (but not limited), to the following conditions of consent:

Kangaroo Island Council – Planning Conditions:

1. The Development herein approved must, except as varied by the conditionsof consent be carried out in accordance with the approved plans and detailsto the satisfaction of Council.

2. The planting of all proposed landscape screening shall be undertakenimmediately at commencement of works (or as soon as practical beforecommencement of works) in order that the screening can establish as soon

as practical to screen the operation from view and to reduce the emission ornoise, dust etc during construction.

3. Proposed landscape screening shall incorporate locally indigenous species.(it is suggested that a more diverse range of native species are used in theproposed landscaping i.e. in addition to the proposed allocasuarina verticillata(Drooping Sheoak), additional species such as eucalyptus diversifolia (SACoast Mallee), eucalyptus cnerifolia (Kangaroo Island Narrowleaf Mallee) andacacia dodonaeifolia (Sticky Wattle), should be used in the native vegetationscreen consistent with the surrounding environment). Said landscaping shallbe maintained in good health and condition at all times, with any diseased ordying plants being replaced as necessary to the reasonable satisfaction of theRelevant Authority.

4. All scarring or physical disturbance of the land surface during any excavationwork shall be restricted to only that which is shown on the approved plan asrequired for building, access and/or landscaping purposes. All exposed facesaround such scarred areas and spoil shall be screened with trees and shrubsand covered with suitable ground cover to the satisfaction of Council.

5. All operations including construction works shall be carried out in accordancewith the Environment Protection Authority Noise Environment ProtectionPolicy (EPP) 2007.

6. The site must be maintained in a neat and tidy manner at all times.

7. Stormwater runoff from roofed buildings or impervious surfaces shall bedischarged within allotment boundaries such that no erosion, nuisance orinconvenience occurs off-site. Stormwater discharge should specifically bedirected away from the stabilised embankments and batters associated withthe wastewater lagoon and treatment plant site.

Note: The applicant is requested to notify Council’s Development ServicesDepartment at least one (1) business day in advance of intendedcommencement of works.

Note: The applicant is shall notify Council’s Development Services Department ofcompletion of works and of the commencement of operation waste treatmentfacility.

EPA Conditions

8. Groundwater monitoring must be undertaken prior to constructioncommencing in order to record the highest seasonal standing groundwaterlevel at the site of the proposed wastewater storage lagoon. Monitoring ofstanding groundwater levels must be conducted over a period wheregroundwater levels are likely to be at their highest (i.e. winter/spring). Themonitoring results must be provided to the Environment Protection Authoritywithin 3 months of completion.

9. Detailed design of the 13.5 ML wastewater storage lagoon must ensure aminimum 1m separation between the base of the lagoon and the higheststanding groundwater levels at the site.

10. The wastewater storage lagoon must incorporate a 1.5mm thick high densitypolyethylene (HDPE) liner and a leak detection system.

11. An 'As Constructed' Report (ACR) to document work performance andConstruction Quality Assurance (QCA) for the subgrade preparation andHDPE liner placement for the proposed 13.5ML storage lagoon must beprovided to the Kangaroo Island Council and the Environment ProtectionAuthority within three months of construction.

12. Any chemicals used must be stored within a bunded area which has acapacity of at least 120% (or 133% for flammable materials) of the volume ofthe largest container to be stored within the bund and which is designed andconstructed to prevent the escape of material into surface or undergroundwater resources.

13. Dust from excavation and construction activities must be controlled andminimised through implementation of dust suppression measures, includingwatering and screening where required.

EPA Advisory Notes

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

There is a potential for noise pollution to be generated during earthworks.Construction noise must comply with Division 1 of the EnvironmentProtection (Noise) Policy 2007.

Regular monitoring of the proposed leakage detection system should bein place to ensure the ongoing integrity of the lagoons

A contingency plan should be in place to address emergency events suchas identification of lagoon leakage, extreme storm events that could leadto overflows, pump breakdown, etc.

A minimum freeboard of 600mm should be maintained in the lagoon toprovide adequate buffer capacity in cases of heavy rainfall events andhigh inflows.

Consideration of the EPA Wastewater Lagoon Guideline should be givento ensure obligations of the Environment Protection Act 1993 and theEnvironment Protection (Water Quality) Policy 2003 are met duringconstruction.http://www.epa.sa.gov.au/environmental_info/waste/liquid_waste/wastewater_lagoons

The applicant/operator is reminded that all reasonable and practicablemeasures to prevent irrigation causing harm to soil, groundwater or anyother waters should be taken as per the guidance contained within EPA’s‘Wastewater Irrigation Management Plan’ Guidelines.http://www.epa.sa.gov.au/xstd_files/Waste/Guideline/guide_wimp.pdf

The applicant/operator is reminded that any recycled wastewater used at,or removed from the premises for the purpose of irrigation or reuse shouldbe of quality that is fit for the intended use (i.e. fit for purpose) as per theguidance contained within the 'Australian Guidelines for Water Recycling:Managing Health & Environmental Risks' (Phase 1) 2006.

Further guidance in relation to chemical storage within bunded areas canbe found in the EPA's Bunding and Spill Management Guidelines (foundat:http://www.epa.sa.gov.au/xstd_files/Waste/Guideline/guide_bunding.pdf).

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

9.0 LAND DIVISION APPLICATIONS – APPROVED UNDER DELEGATEDAUTHORITY (GREEN PAGES)That the Department and Environmental Services approved land division applicationsreport be received.

10.0 GENERAL BUSINESS

Nil

11.1 CONFIDENTIAL REPORTS

NOTE – Pursuant to Section 56A (12) of the Development Act 1993 the Panelreserve the right to move proceedings ‘in camera’ for deliberations ofDevelopment Applications to be considered under Section 11.0 of this Agenda.

Nil

11.0 CLOSURE