Minutes of the Development Assessment Panel · Minutes . of the . Development Assessment Panel . of the . CITY OF WEST TORRENS . held in the George Robertson Room, Civic Centre

Minutes

of the

Development Assessment Panel

of the

CITY OF WEST TORRENS

held in the George Robertson Room, Civic Centre 165 Sir Donald Bradman Drive, Hilton

on

TUESDAY, 12 FEBRUARY 2008 at 5.00 PM

Trevor Starr Chief Executive Officer

DEVELOPMENT ASSESSMENT PANEL 12 February 2008

I N D E X

1. MEETING OPENED ............................................................................................. 1

2. PRESENT ............................................................................................................ 1

3. APOLOGIES ........................................................................................................ 1

4. CONFIRMATION OF MINUTES .......................................................................... 1

5. DISCLOSURE STATEMENTS ............................................................................. 2

6. REPORTS OF MANAGER URBAN PLANNING ................................................. 2 6.1 3/54a George Street, THEBARTON .......................................................... 2 6.2 6A Norman Street, UNDERDALE .............................................................. 5 6.3 30 Norma Street, MILE END ...................................................................... 9 6.4 33 Capper Street, CAMDEN PARK ......................................................... 10 6.5 28 Daly Street, KURRALTA PARK .......................................................... 11 6.6 2 Knight Street, WEST RICHMOND ........................................................ 11 6.7 257 Marion Road, MARLESTON ............................................................. 11 6.8 181 Anzac Highway Kurralta Park .......................................................... 16 6.9 621 Burbridge Road, WEST BEACH ...................................................... 19 6.10 13 Long Street, PLYMPTON ................................................................... 19 6.11 91 Halsey Road, FULHAM ....................................................................... 20 6.12 1-17 Cook Street, UNDERDALE .............................................................. 21 7. Summary of Court Appeals .................................................................... 25

8. MEETING CLOSE ............................................................................................. 27

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 1 1. MEETING OPENED

The Presiding Member declared the meeting open at 5.01pm. 2. PRESENT

Panel Members: Dr. D Ferretti (Presiding Member) Cr B Blackwell Cr T Owen Cr G Vlahos (5.07 pm) Mr P Davos Ms C Oades Mr S Hooper Officers: Mr G Mavrinac (Manager Urban Planning) Ms J Lennon (Team Leader Development) Mr D Lussier (Development Officer Planning) Mr A Robertson (Development Officer Planning) Mr Andrew King (Senior Projects Engineer) Ms M Fantasia (Planning Consultant) 3. APOLOGIES

Nil Lateness: 5.07 pm Cr G Vlahos 4. CONFIRMATION OF MINUTES

RECOMMENDATION That the Minutes of the meeting of the Panel held on 15 January 2008 be confirmed as a true and correct record. DEVELOPMENT ASSESSMENT PANEL DECISION MOVED Cr Owen SECONDED Mr Davos that the Minutes of the meeting of the Panel held on 15 January 2008 be confirmed as a true and correct record. CARRIED The Presiding Member cited that Item 6.5 28 Daly Street Kurralta Park and Item 6.6 2 Knight Street West Richmond has been withdrawn at the request of the applicants.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 2 5. DISCLOSURE STATEMENTS

No disclosures were made in accordance with Sections 2(4) (5) of the Minister's Code of Conduct. 6. REPORTS OF MANAGER URBAN PLANNING

6.1 3/54a George Street, THEBARTON Application No. 211/1436/2006 Appeared before the Panel: Representors: Ms Elizabeth O’Dea, Ms Jade Flavell and Ms Emily Trott appeared in

support of the representation. At the conclusion of the presentation questions put by the Panel Members were answered. The Presiding Member thanked Ms O'Dea, Ms Flavell and Ms Trott for appearing before the Panel. Mr Psaltis appeared on behalf of Mr Greg Kleynjans appeared in support of the representation. At the conclusion of the presentation questions put by the Panel Members were answered. The Presiding Member thanked Mr Psaltis for appearing before the Panel. The Presiding Member invited Ms June Lucas to address the meeting. Mrs Lucas was not present and did not come forward. The Presiding Member invited Ms Maddy Newman to address the meeting. Mrs Lucas was not present and did not come forward.

Applicant/s Mr Alan Rumbsy appeared on behalf of Mr Tom Gavin and Mr Lee Champion appeared in support of the application and to respond to the representations. At the conclusion of the presentation questions put by the Panel Members were answered. The Presiding Member thanked Mr Rumbsy for appearing before the Panel.

RECOMMENDATION The Development Assessment Panel, having considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent for Application No. 211/1436/2006 by 54A Pty Ltd for the construction of a licensed café/restaurant and takeaway shop and associated carparking (at 64 George Street, Thebarton) at 3/54A George Street, Thebarton (CT 5014/96) subject to the following conditions of consent (and any subsequent or amended condition that may be required as a result of the consideration of reserved matters under Section 33(3) of the Development Act):

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 3 Reserved Matters: The following information shall be submitted for further assessment and approval by the City of West Torrens as reserved matters under Section 33(3) of the Development Act 1993: 1. Entering into a Land Management Agreement with the proprietor of 3/54A George Street,

Thebarton and the owner of AK Andrewartha Pty Ltd (64 George Street, Thebarton) with regards to the car parking arrangement in relation to Development Application 211/1436/2006 (Proposed licensed café/restaurant and takeaway shop).

Conditions: 1. The development must be undertaken and completed in accordance with the plans

submitted with the application, stamped as approved, together with information detailed in this application except where varied by any condition(s) listed below.

2. Noise from the premises (including live or recorded entertainment, singing, patron noise or similar) when assessed at the nearest noise sensitive location shall be less than 8dB(A) above the level of background noise in any octave band of the sound spectrum.

3. The premises shall be closed to the public from no later than 12.00 midnight Sundays to Thursdays, 2.00am the mornings following Fridays and Saturdays and not reopen to the public before 9.00am on any day.

4. The prime use of the premises shall be that of a Restaurant with any entertainment being ancillary to that use.

5. The premises shall be set up for dining purposes at all times except for private functions.

6. There shall be no live entertainment after 12.00 midnight on any day.

7. The premises shall not be used or advertised as a nightclub, dance club, karaoke bar, discotheque, rock band venue or similar.

8. There shall be no loudspeakers placed on or in the fascia of the premises, balcony or in any adjacent outdoor area.

9. Loudspeakers are to be directed away from any entrance to or exit from the premises and be directed into the premises proper.

10. No garbage or refuse (including empty bottles and cans) is to be moved from inside the premises to outside storage bins or be available for collection between the hours of 11.00pm and 7.00am of the following morning.

11. Any lights on the subject land must be directed and screened so that overspill of light into the nearby premises is avoided and minimal impact on passing motorists occurs.

12. The car park at 64 George Street, Thebarton, is to be line marked, security lit, and maintained to provide and hours of use for patrons to ‘The Deli’ must be clearly signposted at all times for as long s the approved use of the subject 3/54A George Street, Thebarton is lawfully carried out in accordance with its development consent.

13. All stormwater runoff from this site is to be collected and directed through the site’s

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 4

Notes 1. It is highlighted that any existing stormwater drainage connection(s) not required on the

approved plans shall be removed to Council’s requirements and any new or modified stormwater drainage connection(s) shall be constructed to Council’s requirements. New stormwater drainage connection(s) must be located a minimum of 500mm from any existing or proposed verge features (i.e.: crossing places, trees, stormwater connections, stobie poles).

An “Application to Connect a Stormwater Drain(s) Across Council Land” is required to lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services Department prior to the undertaking of any works. Council’s stormwater connection design details are contained within this application.

2. It is highlighted that any new or modified underground consumer mains connection(s) shall

be constructed to Council’s requirements. An “Application for Permission to Lay Underground Consumer Mains within Council Land” is required to lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services Department prior to the undertaking of any works. Relevant requirements and design details are contained within this application.

3. The cost of rectifying any conflict with existing Council infrastructure arising out of this development will be borne by the applicant.

4. Your attention is drawn to the Disability Discrimination Act 1992 which may prescribe requirements for people with disabilities additional to those contained within the Building Code of Australia.

5. Any access over or works undertaken on Council owned land (including but not limited to works relating to reserves, crossovers, driveways, landscaping, footpaths, street trees and stormwater connections) will require the approval of the Council’s Infrastructure Services section. Further information and/or specific details can be obtained by phoning Council on 8416 6333.

6. All earthworks must be confined to and contained entirely within the property boundaries and must not encroach on or over the roadside verge/reserve.

7. Where this decision notice is granting Development Plan Consent, the applicant is advised that full Development Approval must be obtained within 12 months or the consent will lapse.

8. When Development Approval has been granted, the development must be:

(a) Substantially commenced within twelve (12) months of the date of the Approval, otherwise approval will lapse and (unless Council has extended this period), a new development application shall be required, and

(b) Substantially or fully completed within three (3) years from the date of Approval, otherwise Council may apply to the Court to require the removal or demolition of any building work or reinstatement of any land.

9. Any request for an extension of time for Development Plan Consent or Development Approval must be lodged with the Council prior to the above-mentioned periods.

10. Pursuant to Section 86(1)(a) of the Development Act 1993, you have the right of appeal to the Environment, Resources and Development Court against either 1) a refusal of consent or 2) any condition(s) which have been imposed on a consent.


Any such appeal must be lodged with the Court within two (2) months from the day on which you receive this notification or such longer period as allowed by the Court.

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that further consideration of the application be deferred, subject to the receipt of amended documentation that gives consideration to car park arrangements, the reserved matter and review of Condition 7-9. 6.2 6A Norman Street, UNDERDALE Application No. 211/1305/2007 Appeared before the Panel: Representors: The Presiding Member invited Mr Theo and Mrs Maria Christopoulos to

address the meeting. Mr and Mrs Christopoulos were not present and did not come forward.

Applicant/s The Presiding Member cited that due to the representor not being present,

there was no need for the applicant to make a presentation. RECOMMENDATION The Development Assessment Panel, having considered the application for consent to carry out development and pursuant to the provisions of the Development Act 1993, resolves to GRANT Development Plan Consent for the construction of a two storey dwelling (DA211/1305/2007) at 6A Norman Street Underdale SA 5032 (CT 5996/661) subject to the following conditions: 1. The development must be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below. 2. The finished floor level shall be 100.250 as per the Site Plan prepared by M.R. Herriot, File

No. 0709-011, dated October 2007. 3. The construction of a drainage system and the position and manner of discharge of a

stormwater drain must not: a) result in the entry of water into a building; or b) affect the stability of a building; or c) create unhealthy or dangerous conditions on the site or within the building; or d) flow or discharge onto the land of an adjoining owner; and not flow across footpaths or

public ways. 4. Retaining walls must be designed to accepted engineering standards, and not of timber

construction if retaining a difference in ground level exceeding 200 mm. 5. All driveways, parking and manoeuvring areas must be formed, surfaced with concrete,

bitumen or paving, and be properly drained. They must be maintained to the reasonable satisfaction of Council thereafter.

6. All planting and landscaping must be completed within 3 months of the commencement of

the use of this development and must be maintained to the reasonable satisfaction of Council. Any plants that become diseased or die must be replaced with suitable species.


7. The upper level windows of the dwelling (excluding the front elevation) must be provided

with fixed obscure glass to a minimum height of 1.7 metres above the upper floor level to minimise the potential for overlooking of adjoining properties. The glazing in these windows is to be maintained at all times to the reasonable satisfaction of Council.

NOTES: 1. If you are building up to a common boundary, you are strongly encouraged to consult with

the adjoining property owner before commencing any work.

Section 5 of the Fences Act, 1975 requires you to give formal notification to, and consult with, the adjoining property owner if you are replacing an existing fence or building a freestanding wall along the common boundary that would, for all purposes, be a dividing fence. A wall that forms part of a building to be located along the boundary is excluded from this formal requirement.

2. Any existing crossing places not providing vehicle access shall be considered redundant

and must be closed off to the satisfaction of Council. Any new or modified crossing places shall be constructed to Council’s requirements. New vehicle crossing places must be located a minimum of 500mm from any existing or proposed verge features (i.e.: crossing places, trees, stormwater connections, stobie poles). An “Application to Construct a Vehicular Crossing Place(s) Across Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works.

3. Any redundant stormwater discharge pipes shall be removed to the reasonable satisfaction of Council. New stormwater drainage connection(s) must be located a minimum of 500mm away from any existing or proposed verge features. (i.e. crossing places, trees, stormwater connections, stobie poles) An “Application to Connect a Stormwater Drain(s) Across Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works.


5. Any access over or works undertaken on Council owned land (including but not limited to works relating to reserves, crossovers, driveways, landscaping, footpaths, street trees and stormwater connections), will require the approval of the Council’s Infrastructure Services section. Further information and/or specific details can be obtained by phoning Council on 8416 6333.

6. Prior to the commencement of construction of the development herein approved, it is recommended that the applicant employs the services of a licensed Land Surveyor to carry out an identification survey of the subject land and to peg the true boundaries, to ensure that building work will be either on the true boundaries or the specified distance from the true boundaries of the subject land, as the case may be.

7. Once development approval is granted, the development must be: a) Substantially commenced within twelve (12) months from the date of the decision of

this Consent or Approval, otherwise this Consent or Approval will lapse at the expiration of twelve (12) months from this date (unless Council extends this period), and a new development application shall be required;


b) Fully completed within three (3) years from the date of the decision of this Approval, otherwise this Approval will lapse at the expiration of three (3) years from this date (unless Council extends this period) and a new development application shall be required; and

c) Any request for an extension of time must be lodged in writing with the Council prior to the expiry of the above-mentioned periods.

8. Pursuant to Section 86(1)(a) of the Development Act, 1993, you have the right of appeal to

the Environment, Resources and Development Court against either 1) a refusal of consent or 2) any condition(s) which have been imposed on a consent. Any such appeal must be lodged with the Court within two (2) months from the day on which you receive this notification or such longer period as may be allowed by the Court. The Environment, Resources and Development Court is located in the Sir Samuel Way Building, Victoria Square, Adelaide SA 5000 (Postal Address: GPO Box 2465, Adelaide SA 5001).

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation is adopted subject two (2) additional conditions related to an elevation plan and domestic storage. The Development Assessment Panel, having considered the application for consent to carry out development and pursuant to the provisions of the Development Act 1993, resolves to GRANT Development Plan Consent for the construction of a two storey dwelling (DA211/1305/2007) at 6A Norman Street Underdale SA 5032 (CT 5996/661) subject to the following conditions: 1. The development must be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below. 2. The finished floor level shall be 100.250 as per the Site Plan prepared by M.R. Herriot, File

No. 0709-011, dated October 2007. 3. The construction of a drainage system and the position and manner of discharge of a


public ways. 4. Retaining walls must be designed to accepted engineering standards, and not of timber

construction if retaining a difference in ground level exceeding 200 mm. 5. All driveways, parking and manoeuvring areas must be formed, surfaced with concrete,


6. All planting and landscaping must be completed within 3 months of the commencement of

the use of this development and must be maintained to the reasonable satisfaction of Council. Any plants that become diseased or die must be replaced with suitable species.

7. The upper level windows of the dwelling (excluding the front elevation) must be provided with fixed obscure glass to a minimum height of 1.7 metres above the upper floor level to minimise the potential for overlooking of adjoining properties. The glazing in these windows is to be maintained at all times to the reasonable satisfaction of Council.

8. A storage area of not less than 8m³ shall be provided for the storage of goods and chattels other than food and clothing.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 8 9. Prior to the issue of Development Approval, amended plans shall be supplied, to the

satisfaction of Council, that detail additional articulation in the form of colours, materials or textures to the west facing façade of the proposed dwelling in order to reduce the apparent visual bulk and scale of this elevation as such relates to the adjoining property.

NOTES: 1. If you are building up to a common boundary, you are strongly encouraged to consult with


Section 5 of the Fences Act 1975 requires you to give formal notification to, and consult with, the adjoining property owner if you are replacing an existing fence or building a freestanding wall along the common boundary that would, for all purposes, be a dividing fence. A wall that forms part of a building to be located along the boundary is excluded from this formal requirement.

2. Any existing crossing places not providing vehicle access shall be considered redundant

and must be closed off to the satisfaction of Council. Any new or modified crossing places shall be constructed to Council’s requirements. New vehicle crossing places must be located a minimum of 500mm from any existing or proposed verge features (i.e.: crossing places, trees, stormwater connections, stobie poles). An “Application to Construct a Vehicular Crossing Place(s) Across Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works.

3. Any redundant stormwater discharge pipes shall be removed to the reasonable satisfaction of Council. New stormwater drainage connection(s) must be located a minimum of 500mm away from any existing or proposed verge features. (i.e. crossing places, trees, stormwater connections, stobie poles) An “Application to Connect a Stormwater Drain(s) Across Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works.




7. Once development approval is granted, the development must be: d) Substantially commenced within twelve (12) months from the date of the decision of



e) Fully completed within three (3) years from the date of the decision of this Approval, otherwise this Approval will lapse at the expiration of three (3) years from this date (unless Council extends this period) and a new development application shall be required; and

f) Any request for an extension of time must be lodged in writing with the Council prior to the expiry of the above-mentioned periods.

8. Pursuant to Section 86(1)(a) of the Development Act 1993, you have the right of appeal to


6.3 30 Norma Street, MILE END Application No. 211/1390/2007 Appeared before the Panel: Representors: Ms Lindy McAdam appeared in support of the representation. At the

conclusion of the presentation questions put by the Panel Members were answered. The Presiding Member thanked Ms McAdam for appearing before the Panel.

6.01 pm Mr Mavrinac left the meeting 6.03 pm Mr Mavrinac returned to the meeting Applicant/s Mr Simon Tippet and Ms Sally Timms of AV Jennings appeared in

support of the application and to respond to the representations. At the conclusion of the presentation questions put by the Panel Members were answered. The Presiding Member thanked Mr Tippet and Ms Timms for appearing before the Panel.

RECOMMENDATION The Development Assessment Panel, having considered the application for consent to carry out development and pursuant to the provisions of the Development Act 1993, resolves to REFUSE Development Plan Consent for the construction of a second storey addition and alterations be to the existing dwelling (DA211/1390/2007) at 30 Norma Street, Mile End SA 5031 (CT 5266/289) for the following reasons: 1. The proposed development is contrary to

· Council Wide Principle of Development Control 99 and Design Technique 99.3 Reason: The proposed second floor balcony enables a 135 degree line a sight which creates a large viewable area comprising of 75% of the eastern and western neighbour Private Open Space.

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation is adopted.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 10 6.4 33 Capper Street, CAMDEN PARK Application No. 211/1342/2007 Appeared before the Panel: Representors: Mr James Stevenson and Mrs Kate Muecke in support of the

representation. At the conclusion of the presentation questions put by the Panel Members were answered. The Presiding Member thanked Mr Stevenson and Mrs Muecke for appearing before the Panel.

6.23 pm Cr Vlahos left the meeting 6.23 pm Ms Fantasia left the meeting Applicant/s The Presiding Member invited Mr Dennis Dargen of Home-style Living

Outdoors to address the meeting. Mr Dargen was not present and did not come forward.

RECOMMENDATION The Development Assessment Panel, having considered the application for consent to carry out development and pursuant to the provisions of the Development Act 1993, resolves to GRANT Development Plan Consent for the construction of a verandah to north side of dwelling 200mm from boundary (DA211/1342/2007) at 33 Capper Street, Camden Park SA 5038 (CT 5392/472) subject to the following conditions: 1. The development must be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below.

2. The structure approved herein must not be clad and therefore kept as an open sided

structure at all times. 3. The structure must be either constructed of colorbond steel or painted in a natural and non-

reflective colour within 2 months of its erection. The colorbond finishes or paintwork must be maintained to the reasonable satisfaction of Council at all times.

4. The construction of a drainage system and the position and manner of discharge of a


public ways Notes: 1. If you are building up to a common boundary, you are strongly encouraged to consult with

the adjoining property owner before commencing any work. Section 5 of the Fences Act, 1975 requires you to give formal notification to, and consult with, the adjoining property owner if you are replacing an existing fence or building a freestanding wall along the common boundary that would, for all purposes, be a dividing fence. A wall that forms part of a building to be located along the boundary is also subject to this formal requirement


2. Once development approval is granted, the development must be:

a) Substantially commenced within twelve (12) months from the date of the decision of this Consent or Approval, otherwise this Consent or Approval will lapse at the expiration of twelve (12) months from this date (unless Council extends this period), and a new development application shall be required;

b) Fully completed within three (3) years from the date of the decision of this Approval, otherwise this Approval will lapse at the expiration of three (3) years from this date (unless Council extends this period), and a new development application shall be required; and


Pursuant to Section 86(1)(a) of the Development Act, 1993, you have the right of appeal to the Environment, Resources and Development Court against either (1) a refusal of consent or (2) any condition(s) which have been imposed on a consent. Any such appeal must be lodged with the Court within two (2) months from the day on which you receive this notification or such longer period allowed by the Court. The Environment, Resources and Development Court is located in the Sir Samuel Way Building, Victoria Square, Adelaide SA 5000 (GPO Box 2465, Adelaide SA 5001).

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation is adopted. 6.5 28 Daly Street, KURRALTA PARK This Item has been withdrawn by the applicant. 6.6 2 Knight Street, WEST RICHMOND This Item has been withdrawn by the applicant. 6.7 257 Marion Road, MARLESTON RECOMMENDATION The Development Assessment Panel, having considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993, resolves to GRANT Development Plan Consent to Daniel Jones for the construction of a two-storey dwelling and associated garage and free-standing garage at the rear of the existing dwelling at 257 Marion Road, Marleston (being described in CT 5743/393) subject to the following conditions (and any subsequent or amended conditions that may be required): 1. Development is to take place in accordance with the supporting documentation and plans

relating to this Development Application except as modified by any conditions attached to this Decision Notification.


stormwater drain must not: a) result in the entry of water into a building; or b) affect the stability of a building; or


c) create unhealthy or dangerous conditions on the site or within the building; or d) flow or discharge onto the land of an adjoining owner; and not flow across footpaths or

public ways. 3. Landscaping must be undertaken in accordance with the approved plans. All planting must

be completed within 3 month of the commencement date of the use of the development and must be maintained to the reasonable satisfaction of Council. Any plants that become diseased or die must be replaced with suitable species.

4. The Finished Floor Level (FFL) of the proposed free-standing garage servicing the existing

dwelling must be a minimum of 100.20m in accordance with the Highgrove Design Siteworks & Drainage Plan Job No: HG0099 Rev- dated July ’07.

5. The Finished Floor Level (FFL) of the proposed new two-storey dwelling and attached

garage must be a minimum of 100.30m in accordance with the Highgrove Design Siteworks & Drainage Plan Job No: HG0099 Rev- dated July ’07.

6. Total build up of the site level above existing ground level must not exceed 400mm at any

point. 7. All driveways, parking and manoeuvring areas must be formed, surfaced with concrete,


8. The northern side of the balcony at the front of the new two-storey dwelling will be affixed

with non-transparent material to afford protection to privacy to neighbouring properties. NOTES: 1. If you are building up to a common boundary, you are strongly encouraged to consult with


Section 5 of the Fences Act 1975 requires you to give formal notification to, and consult with, the adjoining property owner if you are replacing an existing fence or building a freestanding wall along the common boundary that would, for all purposes, be a dividing fence. A wall that forms part of a building to be located along the boundary is also subject to this formal requirement.

2. Any redundant stormwater discharge pipes shall be removed to the reasonable satisfaction of Council. New stormwater drainage connection(s) must be located a minimum of 500mm away from any existing or proposed verge features. (i.e. crossing places, trees, stormwater connections, stobie poles) An “Application to Connect a Stormwater Drain(s) Across Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works. Council’s stormwater connection design specifications are contained within this application.


4. Any new or modified underground consumer mains connection(s) shall be constructed to Council’s requirements.


An “Application for Permission to Lay Underground Consumer Mains within Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services Department prior to the undertaking of any works. Relevant requirements and design details are contained within this application.



7. Once Development Approval (viz both Development Plan Consent and Building Rules

Consent) is issued, Council requires one business day’s notice of the following stages of building work:

· Commencement of building work on site

· The commencement of placement of any structural concrete.

· The completion of wall and roof framing prior to the installation of linings.

· Completion of building work 8. Where this decision notice is granting Development Plan Consent, the applicant is advised

that full Development Approval must be obtained within 12 months or the consent will lapse. 9. Once development approval is granted, the development must be:





the Environment, Resources and Development Court against either 1) a refusal of consent or 2) any condition(s) which have been imposed on a consent. Any such appeal must be lodged with the Court within two (2) months from the day on which you receive this notification or such longer period as may be allowed by the Court.

The Environment, Resources and Development Court is located in the Sir Samuel Way Building, Victoria Square, Adelaide SA 5000 (Postal Address: GPO Box 2465, Adelaide SA 5001).

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 14 DEVELOPMENT ASSESSMENT PANEL DECISION The Panel, having considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolved to DELEGATE to the Manager, Urban Planning, the power to grant Development Plan Consent to Development Application 211/1139/2007 by Daniel Jones for the construction of a two-storey dwelling and associated garage and free-standing garage at the rear of the existing dwelling at 257 Marion Road, Marleston (being described in CT 5743/393) subject to the satisfactory resolution of the following outstanding matters and the following draft conditions (and any subsequent or amended condition(s) that may be required: OUTSTANDING MATTERS 1. The receipt and Council approval of the detail of the amended site and landscaping plan. DRAFT COUNCIL CONDITIONS 1. Development is to take place in accordance with the supporting documentation and plans

relating to this Development Application except as modified by any conditions attached to this Decision Notification.



public ways. 3. Landscaping must be undertaken in accordance with the approved plans. All planting must

be completed within 3 month of the commencement date of the use of the development and must be maintained to the reasonable satisfaction of Council. Any plants that become diseased or die must be replaced with suitable species.

4. The Finished Floor Level (FFL) of the proposed free-standing garage servicing the existing

dwelling must be a minimum of 100.20m in accordance with the Highgrove Design Siteworks & Drainage Plan Job No: HG0099 Rev- dated July ’07.

5. The Finished Floor Level (FFL) of the proposed new two-storey dwelling and attached

garage must be a minimum of 100.30m in accordance with the Highgrove Design Siteworks & Drainage Plan Job No: HG0099 Rev- dated July ’07.

6. Total build up of the site level above existing ground level must not exceed 400mm at any

point. 7. All driveways, parking and manoeuvring areas must be formed, surfaced with concrete,


8. The northern side of the balcony at the front of the new two-storey dwelling will be affixed

with non-transparent material to afford protection of privacy for neighbouring properties.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 15 NOTES: 1. If you are building up to a common boundary, you are strongly encouraged to consult with


Section 5 of the Fences Act 1975 requires you to give formal notification to, and consult with, the adjoining property owner if you are replacing an existing fence or building a freestanding wall along the common boundary that would, for all purposes, be a dividing fence. A wall that forms part of a building to be located along the boundary is also subject to this formal requirement.

2. Any redundant stormwater discharge pipes shall be removed to the reasonable satisfaction of Council. New stormwater drainage connection(s) must be located a minimum of 500mm away from any existing or proposed verge features. (i.e. crossing places, trees, stormwater connections, stobie poles) An “Application to Connect a Stormwater Drain(s) Across Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works. Council’s stormwater connection design specifications are contained within this application.


4. Any new or modified underground consumer mains connection(s) shall be constructed to Council’s requirements. An “Application for Permission to Lay Underground Consumer Mains within Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services Department prior to the undertaking of any works. Relevant requirements and design details are contained within this application.



7. Once Development Approval (viz both Development Plan Consent and Building Rules

Consent) is issued, Council requires one business day’s notice of the following stages of building work: · Commencement of building work on site

· The commencement of placement of any structural concrete.

· The completion of wall and roof framing prior to the installation of linings.

· Completion of building work

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 16 8. Where this decision notice is granting Development Plan Consent, the applicant is advised

that full Development Approval must be obtained within 12 months or the consent will lapse.







The Environment, Resources and Development Court is located in the Sir Samuel Way

Building, Victoria Square, Adelaide SA 5000 (Postal Address: GPO Box 2465, Adelaide SA 5001).

6.8 181 Anzac Highway Kurralta Park RECOMMENDATION The Development Assessment Panel, having considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent to Pasquale Lopresti to construct four (4) dwellings on the land located at 181 Anzac Highway, Kurralta Park subject to the following conditions: Conditions 1. The development must be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below. 2. The finished floor level for the approved dwellings must be a minimum of 350 mm above the

highest point of the watertable adjacent to the property. 3. A 1.5 metre wide landscaped garden area shall be provided adjacent to bedroom windows

which front onto the common driveway, together with sill heights raised to 1.5 metres above finished floor level to afford a suitable level of acoustic protection to these rooms.



public ways.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 17 5. Total build-up of the site level above existing ground level must not exceed 400mm at any

point. 6. Retaining walls must be designed to accepted engineering standards, and not of timber

construction if retaining a difference in ground level exceeding 200 mm. 7. All driveways, parking and maneuvering areas must be formed, surfaced with concrete,


8. All planting and landscaping must be completed within 3 months of the commencement of the

use of this development and must be maintained to the reasonable satisfaction of Council. Any plants that become diseased or die must be replaced with suitable species.

9. A minimum 1000mm wide corridor between at least one side boundary and the dwelling shall

remain unencumbered with fixtures, (eg. Hot water systems, air-conditioning compressors etc.) so as to provide an unrestricted access to the rear of the property.

10. The driveway access to the site shall be widened to 6 metres for a distance of 5 metres from

Anzac Highway so as to provide sufficient width for the simultaneous two way vehicle movements.

11. The obsolete driveway crossover shall be reinstated to standard kerb, guttering and footpath

with all associated costs to be borne by the Applicant. Notes: 1. If you are building up to a common boundary, you are strongly encouraged to consult with the

adjoining property owner before commencing any work. 2. Section 5 of the Fences Act 1975 requires you to give formal notification to, and consult with,

the adjoining property owner if you are replacing an existing fence or building a freestanding wall along the common boundary that would, for all purposes, be a dividing fence. A wall that forms part of a building to be located along the boundary is excluded from this formal requirement.

3. Any existing crossing places not providing vehicle access shall be considered redundant and

must be closed off to the satisfaction of Council. Any new or modified crossing places shall be constructed to Council’s requirements. New vehicle crossing places must be located a minimum of 500mm from any existing or proposed verge features (i.e.: crossing places, trees, stormwater connections, stobie poles).

An “Application to Construct a Vehicular Crossing Place(s) Across Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works. Council’s crossing place and reinstatement design details are contained within this application.

4. Any redundant stormwater discharge pipes shall be removed to the reasonable satisfaction of

Council. New stormwater drainage connection(s) must be located a minimum of 500mm away from any existing or proposed verge features. (i.e. crossing places, trees, stormwater connections, stobie poles)

An “Application to Connect a Stormwater Drain(s) Across Council Land” is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works. Council’s stormwater connection design specifications are contained within this application.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 18 5. The cost of rectifying any conflict with existing Council infrastructure arising out of this

development will be borne by the applicant.


7. Prior to the commencement of construction of the development herein approved, it is

recommended that the applicant employs the services of a licensed Land Surveyor to carry out an identification survey of the subject land and to peg the true boundaries, to ensure that building work will be either on the true boundaries or the specified distance from the true boundaries of the subject land, as the case may be.


a) Substantially commenced within twelve (12) months from the date of the decision of



c) Any request for an extension of time must be lodged in writing with the Council prior to the expiry of the above-mentioned periods. (PN26)



The Environment, Resources and Development Court is located in the Sir Samuel Way Building, Victoria Square, Adelaide SA 5000 (Postal Address: GPO Box 2465, Adelaide SA 5001).

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the item be deferred for the applicant to provide further information and consideration regarding:

1. Conflict between the existing street tree and the proposed vehicle cross-over; and 2. Acoustic treatment to the proposed windows facing the driveway and Anzac Highway;

and 3. Additional landscaping to the proposed driveway; and 4. Orientation of the front dwelling to Anzac Highway.

Also for Staff to review: 1. Proposed on-site vehicle maneuverability; and 2. The impact that constructing the rear dwelling against the rear property boundary will

have upon the adjoining private open space.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 19 6.9 621 Burbridge Road, WEST BEACH RECOMMENDATION The Development Assessment Panel, having considered the application for consent to carry out development and pursuant to the provisions of the Development Act 1993, resolves to REFUSE Development Plan Consent for the construction of two (2) detached dwellings with associated fencing and landscaping at 621 Burbridge Road, West Beach, SA 5038 (CT 5389/887). Reasons for refusal: Council Wide Objectives: Nil Principles of Development Control: 82, 87, 90 Reasons:

· The proposed development is not compatible with the desired character for the locality. The building mass and proportion is not appropriate;

· The entry point to the dwellings are not clearly visible; · The proposed garages are dominant, comprising of more than 50% of the site frontage;

Zone Objectives: Nil Zone Principles of Development Control: 2 Reason:

· The proposed development is not in accordance with the Desired Future Character Statements for Policy Area 38.

Residential Policy Area 38 Objectives: 1 Reason:

· The proposed development does not maintain and complement the character and built form of the existing streetscape.

Residential Policy Area 38 Principles of Development Control: 1,2 Reason:

· The proposed development is not consistent with the character statement of the policy area.

· The proposed development does not conform with the minimum frontage requirements. DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation is adopted. 6.10 13 Long Street, PLYMPTON RECOMMENDATION That the Panel, having considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993, resolve to GRANT Development Plan Consent to Development Application 211/1152/2007 to construct a carport (width: 4m, Length: 5.8m, Height: 2.88m and pitched roof) forward of dwelling; 6.045m front setback remaining and extension to side and rear of existing dwelling at 13 Long Street, Plympton (CT 5359/212) subject to the following conditions:-

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 20 Conditions

1. The development must be undertaken and completed in accordance with the amended plans and information received by Council on 22 August 2007 as detailed in this application except where varied by any condition(s) listed below.

2. All driveways, parking and manoeuvring areas must be formed, surfaced with concrete,


3. The materials used on the external surfaces of the building and / or the colorbond finishes

or paintwork thereon must be maintained to the reasonable satisfaction of Council at all times. The external roof surface of the rear dwellings shall consist of concrete roof tiles.

4. The carport approved herein must not be clad and therefore kept as an open sided

structure at all times. 5. The construction of a drainage system and the position and manner of discharge of a


public ways. DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation is adopted. 6.11 91 Halsey Road, FULHAM RECOMMENDATION That the Panel, having considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993, resolve to REFUSE Development Plan Consent to Development Application 211/1096/2007 to construct a carport/ sail (5.5m wide, 6m long, 2.4m high at front; 3.2m high where attached to the existing dwelling) forward of dwelling at 91 Halsey Road, FULHAM on (CT 5602/61) for the following reasons:- Reasons: Council Wide Objectives: 97 Council Wide Principles of Development Control: 53, 92, 93, 142, 271, 274 Reasons:

· The proposed development is not compatible with the desired setbacks, streetscape and built form for the locality.

Zone Objectives: 1 Zone Principles of Development Control: 2, 7, 14, 15 Reason:

· The proposed development does not maintain and complement the character and built form of the existing streetscape.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 21 Residential Policy Area 38 Objectives: 1 Residential Policy Area 38 Principles of Development Control: 1 Reason:

· The proposed development is not consistent with the character statement of the policy area.

DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation is adopted. 6.12 1-17 Cook Street, UNDERDALE RECOMMENDATION The Development Assessment Panel, having considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to DELEGATE to the Manager, Urban Planning, the power to grant Development Plan Consent to Development Application 211/1139/2007 by Lino Fusco to allow for the construction of nine two-storey row-dwellings at 1-17 Cook Street, Underdale subject to the satisfactory resolution of the following outstanding matters and the following draft conditions (and any subsequent or amended condition(s) that may be required: OUTSTANDING MATTERS 1. The receipt and Council approval of the detail of the proposed Gross Pollutant Traps. DRAFT COUNCIL CONDITIONS 1. The development must be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below. 2. Stormwater detention and water quality measures are to be implemented in accordance

with engineering calculations and design drawings, as submitted and approved by Council. 3. The construction of a drainage system and the position and manner of discharge of a


public ways. 4. All driveways, parking and manoeuvring areas must be formed, surfaced with concrete,


5. All planting and landscaping must be completed prior to occupation of the dwellings and

must be maintained to the reasonable satisfaction of Council thereafter. Any plants that become diseased or die must be replaced with suitable species.

6. The upper level southerly facing windows must be provided with fixed obscure glazing to a

minimum height of 1.7 metres above the upper floor level in order to minimise the potential for overlooking of adjoining properties. The glazing in these windows is to be maintained at all times to the reasonable satisfaction of Council.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 22 7. The materials used on the external surfaces of the building and / or the colorbond finishes

or paintwork thereon must be maintained to the reasonable satisfaction of Council at all times.

8. The finished floor level of each dwelling must be a minimum of 350mm above the highest

point of the watertable adjacent to the property. 9. Total build-up of the site level above existing ground level must not exceed 400mm at any


construction if retaining a difference in ground level exceeding 200 mm. 11. The concrete rubbish bin platform and visitor parking on Powell Road as well as the access

path to the proposed dwellings Linear Park frontage must be constructed prior to occupation of the dwellings herein approved.

NOTES 1. Any new crossing places shall be constructed to Council’s requirements. New vehicle

crossing places must be located a minimum of 1.0m from any existing or proposed verge features (i.e.: crossing places, trees, stormwater connections). An Application to Construct a Vehicular Crossing Place(s) Across Council Land is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works. Council’s crossing place and reinstatement design details are contained within this application.

2. New stormwater drainage connection(s) must be located a minimum of 1.0m away from

any existing or proposed reserve features (i.e. crossing places, trees, stormwater connections, stobie poles). An Application to Connect a Stormwater Drain(s) Across Council Land is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works. Council’s stormwater connection design specifications are contained within this application.

3. The cost of rectifying any conflict with existing Council infrastructure arising out of this

development will be borne by the applicant. 4. Any access over or works undertaken on Council owned land (including but not limited to

works relating to reserves, crossovers, driveways, landscaping, footpaths, street trees and stormwater connections), will require the approval of the Council’s Infrastructure Services section. Further information and/or specific details can be obtained by phoning Council on 8416 6333.






b) Fully completed within three (3) years from the date of the decision of this Approval,

otherwise this Approval will lapse at the expiration of three (3) years from this date (unless Council extends this period) and a new development application shall be required; and


7. Pursuant to Section 86(1)(a) of the Development Act 1993 you have the right of appeal to


8. All planting must be of species which will not grow to cause damage to paved or sealed

areas, building foundations or underground services. DEVELOPMENT ASSESSMENT PANEL DECISION The Development Assessment Panel, having considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to GRANT Development Plan Consent to Development Application 211/1139/2007 by Lino Fusco to allow for the construction of nine two-storey row-dwellings at 1-17 Cook Street, Underdale subject to the following conditions: 1. The development must be undertaken and completed in accordance with the plans and

information detailed in this application except where varied by any condition(s) listed below. 2. Stormwater detention and water quality measures are to be implemented in accordance

with engineering calculations and design drawings, as submitted and approved by Council. 3. The construction of a drainage system and the position and manner of discharge of a


public ways. 4. All driveways, parking and manoeuvring areas must be formed, surfaced with concrete,


5. All planting and landscaping must be completed prior to occupation of the dwellings and

must be maintained to the reasonable satisfaction of Council thereafter. Any plants that become diseased or die must be replaced with suitable species.

6. The upper level southerly facing windows must be provided with fixed obscure glazing to a

minimum height of 1.7 metres above the upper floor level in order to minimise the potential for overlooking of adjoining properties. The glazing in these windows is to be maintained at all times to the reasonable satisfaction of Council.

7. The materials used on the external surfaces of the building and / or the colorbond finishes

or paintwork thereon must be maintained to the reasonable satisfaction of Council at all times.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 24 8. The finished floor level of each dwelling must be a minimum of 350mm above the highest

point of the watertable adjacent to the property. 9. Total build-up of the site level above existing ground level must not exceed 400mm at any


construction if retaining a difference in ground level exceeding 200 mm. 11. The concrete rubbish bin platform and visitor parking on Powell Road as well as the access

path to the proposed dwellings Linear Park frontage must be constructed prior to occupation of the dwellings herein approved.

12. The applicant shall provide detail of the gross pollutant traps to Council's satisfaction, prior

to the issuing of Development Approval.

NOTES 1. Any new crossing places shall be constructed to Council’s requirements. New vehicle

crossing places must be located a minimum of 1.0m from any existing or proposed verge features (i.e.: crossing places, trees, stormwater connections). An Application to Construct a Vehicular Crossing Place(s) Across Council Land is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works. Council’s crossing place and reinstatement design details are contained within this application.

2. New stormwater drainage connection(s) must be located a minimum of 1.0m away from

any existing or proposed reserve features (i.e. crossing places, trees, stormwater connections, stobie poles). An Application to Connect a Stormwater Drain(s) Across Council Land is required to be lodged (including payment of lodgement fee) and approved by Council’s Infrastructure Services section prior to the undertaking of any works. Council’s stormwater connection design specifications are contained within this application.

3. The cost of rectifying any conflict with existing Council infrastructure arising out of this

development will be borne by the applicant. 4. Any access over or works undertaken on Council owned land (including but not limited to

works relating to reserves, crossovers, driveways, landscaping, footpaths, street trees and stormwater connections), will require the approval of the Council’s Infrastructure Services section. Further information and/or specific details can be obtained by phoning Council on 8416 6333.






b) Fully completed within three (3) years from the date of the decision of this Approval,

otherwise this Approval will lapse at the expiration of three (3) years from this date (unless Council extends this period) and a new development application shall be required; and


7. Pursuant to Section 86(1)(a) of the Development Act 1993 you have the right of appeal to


8. All planting must be of species which will not grow to cause damage to paved or sealed

areas, building foundations or underground services. 7. Summary of Court Appeals Monthly statistics are provided for the information of the Panel in relation to: 1. any matters being referred to the Development Assessment Commission (DAC); 2. any planning appeals before the Environment, Resources and Development Court (ERDC)

and their status; and 3. any Section 69 or 84 enforcement notices issued. The current status is listed as follows: Matters pending determination by DAC Reason for referral DA number Address Description of

development Section 49 211/1379/2005 4 Hamra Avenue, West

Beach New canopy above the entry of Administration Building One. Comments forwarded to DAC - DAC continuing with an assessment.

Section 49 211/26/2006 Construction of replacement 66kV power line. Comments forwarded to DAC - No decision as yet.

Section 49 211/847/2007 River Torrens – section between Henley Beach Road & Tapleys Hill Road

Comments referred to DAC 18 September 2007.

Section 49 211/995/2007 Variation of DA 211/600/2002 – Waste Transfer Facility at 15 Starr Avenue, North Plympton

Under assessment

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 26 Development Application appeals before the ERDC DA Number Address Reason for

Appeal Description of Development

Status

211/1230/2006 134-136 Anzac Highway, Glandore

Applicant appealed Panel's decision to refuse application

Extension of trading hours for a shop to 24 hours, 7 days per week

Compulsory conference adjourned to 17 December 2007 pending a review of the noise generation potential by Council's acoustic Consultant and the further consideration of the matter if Council's DAP at it December Meeting.

211/302/2007 34 Huntriss Street, Torrensville

Applicant appealed Panel's decision to refuse application

Construction of a Residential outbuilding at the rear of the allotment 10 metres in length by 9.9 metres in width by 4 metres in height together with partial demolition of the front with the existing garage.

Compulsory conference adjourned to 19 March 2008 pending the assessment and consideration of amended plans by the Development Assessment Panel at the March Meeting.

Current Enforcement Notices

Address Description of development

Reason for notice Status

34 Huntriss Street, Torrensville

Construction of a Residential outbuilding at the rear of the allotment 10 metres in length by 9.9 metres in width by 4 metres in height together with partial demolition of the front with the existing garage.

Building was constructed without a Development Approval.

Civil Action on hold, pending ERD Appeal.

NOTE: Italics above indicate updated information.

DEVELOPMENT ASSESSMENT PANEL 12 February 2008 Page 27 RECOMMENDATION

The Development Assessment Panel receive and note the information DEVELOPMENT ASSESSMENT PANEL DECISION The Panel resolved that the recommendation is adopted. 8. MEETING CLOSE

The Presiding Member declared the meeting closed at 7.09 pm.

Documents

Minutes of the Development Assessment Panel · Minutes . of the . Development Assessment Panel . of the . CITY OF WEST TORRENS . held in the George Robertson Room, Civic Centre