Minutes of the Development Assessment Panel of the Clare & Gilbert Valleys Council held on Monday 14 November 2005, in the Barbara J Long Function Room, Clare Town Hall, 229 Main North Road, Clare, commencing at 5.29 pm. 1. ROLL CALL 1.1 Present

Mrs PJ Jacka (Acting Presiding Member) Mr MA Goldstone Mr DM Hannaford Mr HJ Weber Mrs SG Wurst Mr Mr T van Loggerenberg RD Veitch, Environmental Services Manager Ms SR Van Dissel, Planning Officer Ms SP Giles, Administration Officer, Environmental Services

1.2 Apologies Mr JD Koch

2. CONFIRMATION The Minutes of the Meeting of the Development Assessment Panel OF MINUTES held on 17 October 2005 as contained within the agenda were

confirmed as a true and correct record of the proceedings of such meeting.

3. BUSINESS Nil ARISING 4. DEVELOPMENT 4.1 Applications approved under delegated authority ASSESSMENT

4.1.1 Applications for consent to undertake development The Development Assessment Panel pursuant to Section 33(1)(a) & (b) of the Development Act, 1993 as amended, ratifies the decision of the Authorised Officer in forming an opinion pursuant to Item 2(1)(f) of the Ninth Schedule of the Development Regulations 1993, that the applications for consent to undertake development listed in the Schedule hereunder are for a kind of development that is of a minor nature only and is unlikely to be the subject of reasonable objection from the owners/occupiers of land in the locality and ratifies the Development Approval granted subject to any standard and/or additional conditions in the Schedule:-

SCHEDULE DEV. NO. NAME PROPOSAL LOCATION CONDITIONS

433/114/05 Denise Klemm Shed CLASS: 10a AREA: 135m² ZONE: r(M) BUILDER: Alan Conley

Sect 256 H231300 HD STANLEY

P100-104, P112, P148, P170, P258, P266 + • Confirmation of final levels

required with council, prior to commencement of building works on-site.

B1452, B1470 • Construction of shed to be in

accordance with Mace Engineering Services Pty Ltd calculations dated 21/9/05.

433/139/05 GN Kimber Dwelling CLASS: 1a AREA: 144.84m² ZONE: Rural Horticulture BUILDER: Longridge Sarah Housing Group

Section 229 Kimber Road HD CLARE

P1-4, P7, P8, P10, P28, P36, P46, P86, PN1, PN2 • Provisional building rules

consent issued by KBS Consultants on 26/9/05.

433/201/05 Brian Tilbrook Tyre Service & Fitting Bays CLASS: 6 AREA: 252m² ZONE: District CenterBUILDER: Intensive Kit Constructions

Lot 149 & 162, D5061 Old North Road/Scott Street CLARE

21 Conditions and 2 Notes as approved by DAP 187/05 B1444, B1448, B1452, B1470, B1472, B1640 + • This approval is for tyre service

and fitting bay building only and does not include other buildings on site.

• Construction adjacent boundary to comply with Table 5 Type C construction.

• Prior to construction commencing details are to be lodged and approved for pit, disabled toilet and retaining walls.

433/250/05 R & M Williams Dwelling CLASS: 1a AREA: 125m² ZONE: Residential BUILDER: System Built Homes

Lot 11 Cairns Crescent RIVERTON

P1-4, P6 + • In lieu of providing Council with

a copy of the new Certificate of Title for Lot 11 (number 20) Castine Court, no building or preparatory work whatsoever can commence on-site (of Lot 11), until Cairns Crescent (New Road) is sealed from the edge of the existing seal of Masters Street (after existing kerb and watertable is removed) to Lot 11 Cairns Crescent (to Council’s satisfaction).

Reason: To provide ‘all weather’ access at all times to the new allotment.

B40, B45, B83, B84, B120, B160, B171, B180 + • Construction to be in accordance

with independently certifiedengineers design.

433/255/05 E Wilson Carport & Garage CLASS:10a AREA: 30m² ZONE: Country Township BUILDER: Owner

Lot 16, D256 16 Gilbert Street TARLEE

P1-4, P112 B1452, B1470 + Construction to be in accordance with Mace Engineering certification, dated 20/10/05. Carport posits to be in accordance with certification.

433/256/05 Lower North Health

Pergola CLASS: 10a AREA: 45.6m² ZONE: Public PurposeBUILDER: Owner

Lot 101 D12459 RIVERTON

P1-4, P172, P178 B1452, B1470 • Fixing of gutter bracket requires

strengthening and support so that loads are transferred to footings/slab. Loads from proposed pergola are not permitted to be transferred to wall sheeting or girts without adequate strengthening.

433/258/05 GJ & JJ Pulford Addition to Office CLASS: 5 AREA: 118.6m² ZONE: Residential BUILDER: TBA

Lot 95, F170243 20 Union Street CLARE

P1-4, P69 B1444, B1448, B1470, B1492, B1516, B1620, B1622 + • Construction adjacent boundary

to be in accordance with Table 5, Type C construction.

Note: Disabled toilet facilities concession required 29 July 2005.

433/264/05 R Hannaford Change of use – Garage to Art Gallery & Sculpture Studio CLASS: 6 AREA: - ZONE: Town Centre BUILDER: N/A

Lot 192, F168321 54 Torrens Road RIVERTON

P1-4, P42, P44, P46, P53, P54, P67, P68, P73, P84, P85, P86, P72 (amended), P37, P38, P36 + Signage for the proposed development must have an additional development application. B1444B, 1446B 1452, B1472, B1492, B1516, B1648 • The proposed development

also includes facilities for food preparation for public consumption there is a requirement as per the conditions of the granted planning consent that a subsequent assessment by the Councils Environmental Health Department be undertaken before the initiation of its prescribed use.

• Construction and fitout of disabled toilet including access

to building including carparking must be compliant with AS 1428.1.

• Heater to be installed in accordance with AS2918.

433/278/05 GD & GJ Schultz Signage CLASS: 10b AREA: ZONE: Industrial BUILDER:

Lot 1 D62072 Main North Road CLARE

P1-4, P13, P38, P55, P59, P60, P61 • All work occurs within the

amended design which ensures that the sign height is lower than the height of the building.

• Signage to be fixed in strct accordance with Mace Engineering report dated 10/8/05.

433/286/05 Clare & Gilbert Valleys Council

Additions to Existing Public Toilets CLASS: 10a AREA: ZONE: Commercial (Bulk Handling) BUILDER: DJ & HJ Griffiths

Lot 100 D46325 Gilbert Street TARLEE

P1-4, P36, P37, P38, P75 B1452, B1470, B1472 • Existing disabled toilet, hand

basin location, height and waste position, plus handrails to be installed in strict accordance with AS1428.1

433/291/05 M & J Kooyman Shed CLASS: 10a AREA: 61.25m² ZONE: BUILDER: Chris Hart

Lot 113 Masters Street RIVERTON

P1-4, P5, P7, P36, P37, P38, P75, P88 B1452, B1470 + Shed to be constructed in strict accordance with independently certified engineers certified drawings.

433/292/05 Dean Willmott Hay Shed CLASS: 7b AREA: 725m² ZONE: Rural BUILDER: Alan Conley

Sect 256 H231300 HD STANLEY

P1-4, P13, P38 (preferably water tank), P87, P88 B1444, B1452, B1470 • Construction to be in strict

accordance with independently certified engineers certification.

• ESPS, Form 1, 2, 3, 5f 433/294/05 Lower North

Health Internal Fitouts CLASS: 7 AREA: ZONE: Public PurposeBUILDER: CGVC

Lot 213, F168342 Marrabel Road RIVERTON

P1-4 B1444, B1452 • Toilet facilities and access to

facilities to comply with AS1428.

• No storage of materials is to occur to any ceiling space created, details of ceiling joists and hanging beams are to be approved by Council prior to works commencing.

ESPS, Form 1, 2, 3, 5f, 3b

433/296/05 T & R Wardrop Transportable

Dwelling CLASS: 1a AREA: 100m² ZONE: Residential BUILDER: Selecta Homes

Lot 54 D309 11 Spur Street SADDLEWORTH

P1-4, P7, P8, , P72, P73 B1450, B1452, B1470, B1472, B1518, B1524, B1564, B1568, B1582, B1592

433/299/05 Brian Sweet Shed CLASS: 10a AREA: 90m² ZONE: Rural BUILDER: Owner

Lot 102, D35421 Schirmer Road SADDLEWORTH

P1-4, P7, P36, P37, P3, P13 B1452, B1470 + Shed construction to be in strict accordance with independent certified engineers certifications.

433/306/05 SL Hallett Shed CLASS: 7b AREA: 60m² ZONE: Industry BUILDER: M Curtis

Lot 21 Mill Street RIVERTON

P1-4, P13, P36, P37, P38, P73 P70, P24 (amended) + • The building cannot be used

for habitation as a dwelling • The use of the building cannot

occur until the current identified issues have been resolved and inspected by a Council Officer:- a) proof of tenancy for

adjoining land use for waste disposal.

b) Create bunding to consolidate waste pit (as per discussion/sketch)

B1444, B1452, B1470, B1472, B1520, B1568 + • Development approval

433/306/05 and 433/344/05 are to be read together.

433/309/05 Alan Schwarz Vehicle Storage Shed CLASS: 10a AREA: 75m² ZONE: Rural BUILDER: Owner

Lot 1 F125322 Stone Cutting Road HD CLARE

P1-4, P5, P70 • A minimum setback distance

from building to boundary of 1 metre on side boundary and rear boundary.

B1452, B1470 Construction to be in strict accordance with independently engineer certified design.

433/310/05 Scott Gray Shed CLASS: 10a AREA: 33m² ZONE: Residential BUILDER: Intensive Kit Constructions

Lot 9 D55358 7 Bindarrah Lane CLARE

P1-4, P5, P37, P38 (preferably water tank), P70 B1452, B1470 Shed to be constructed in accordance with independently certified engineers design.

433/316/05 Kym Hall Carport & Verandah

CLASS: 10a AREA: 127m² ZONE: Residential BUILDER: Trevarth Garages

Lot 78, D377 10 Powell Street CLARE

P1-4, P7, P37, P38, P53, P74, P87B1452, B1470, B1546 Carport to be constructed in accordance with Stratco Outback manufacturers details.

433/319/05 B & D Thorne Dwelling & Garage CLASS: 1a & 10a AREA: ZONE: Residential BUILDER: TBA

Lot 5 D64778 Henry Street AUBURN

P1-4, P7, P19, P28, P36, P37, P38 (preferably rain water tank), P53, P72, P87 B1450, B1452, B1472, B1492, B1516, B1536, B1564, B1568, B1582, B1592

433/328/05 O’Leary Walker Wines

Dry Goods Store CLASS: 8 AREA: 304m² ZONE: Rural Horticulture BUILDER: Intensive Kit Constructions

Piece 172 173 F171395 Main North Road LEASINGHAM HD UPPER WAKEFIELD

P1-4, P5, P7, P11, P36, P37, P38 (preferably rain water tank), P70, P75, P88, P89 B1444, B1452, B1470 • Separation between buildings to

comply with table 5 Type C construction of BCA

ESP’s Form 1, 2, 3, (10 persons), 3a, 5f, 54e

433/330/05 KD & YM Bradford

Shed CLASS: 10a AREA: 90m² ZONE: Rural Horticulture BUILDER: Owner

Lot 48, D64306 Norman Drive HD CLARE

P1-4, P13, P36, P37, P38, P70 + • Landscaping with preferably

native plants, shall provide a screen from the view of the shed from White Hut Road. This should be established within 6 months of the completion of the building. Existing tree to remain.

B45, B83 + • Shed to be constructed in strict

accordance with manufactures independently certified design. .

433/344/05 SL Hallett Transportable Unit CLASS: 4 AREA: 32m² ZONE: Industry BUILDER: Owner

Lot 21 Mill Street RIVERTON

P1-4, P13, P36, P37, P38, P70 + Approved use is as a caretaker’s dwelling, this does not include permanent or extended occupancy. B1444, B1452, B1470, B1472, B1520, B1568 + • Development approval

433/306/05 and 433/344/05 are to be read together.

• Fire separation between the caretakers quarters and storage shed and between the boundary and storage shed must comply with Table 5 of the BCA, with an FRL of 90/90/90.

• An amended septic application must be lodged and approved

by Council prior to works commencing.

433/348/05 L Ryan Garage & Verandah CLASS: 10a AREA: 91m² ZONE: Residential BUILDER: Owner

Lot 5, D4326 20 Essington Ave CLARE

P1-4, P7, P13, P36, P37, P38, P70 + 1m setback from rear and side boundaries fro all buildings. B45, B83, B125 + Garage & verandah to be constructed in strict accordance with manufactures specifications and independently certified engineers documentation.

433/366/05 J Bridger Shed CLASS: 10a AREA: 27m² ZONE: Country Living BUILDER: Owner

Lot 105, D44119 White Hut Road HD CLARE

P1-4, P7, P13, P36, P37, P38, P70B45, B83, B109, B111 + Timber sizes to be as required by AS 1684, rafters should be 150 x 50, F11 hardwood of better.

433/368/05 G McInerney Shed CLASS: 10a AREA: 27m² ZONE: Residential BUILDER: Owner

Lot 6, F127532 2 Church Street AUBURN

P1-4, P13, P28, P36, P37, P38, P70 B45, B83 + Shed to be constructed in accordance with independently certified engineers design.

433/372/05 WJ O’Toole Shed CLASS: 10a AREA: 54m² ZONE: Country Township BUILDER: Clare Valley Sheds

Lot 46, D56 Adelaide North Road WATERVALE

P1-4, P13, P36, P37, P38, P70 B45, B83 + Construction to be in accordance with independently certified engineers certification.

433/373/05 K Longbottom Machinery Storage Shed CLASS: 7b AREA: 663m² ZONE: Rural BUILDER: SA Quality Sheds

Lot 20, D2067 HD CLARE

P1-4, P13, P36, P37, P38, P70 B25, B45, B83 + Structure to be constructed in accordance with independent engineers certification.

4.1.2 Applications for Planning Approval Only

The Development Assessment Panel pursuant to Section 33(1)(a) & (b) of the Development Act 1993, as amended, ratifies the decision of the Authorised Officer in forming an opinion pursuant to Item 2(1)(f) of the Ninth Schedule of the Development Regulations 1993 that the applications for consent to undertake development listed in the Schedule hereunder are for a kind of development that is of a minor nature only and is unlikely to be the subject of reasonable objection from the owners/occupiers of land in the locality and

ratifies the Provisional Development Approval granted subject to any standard and /or additional conditions in the Schedule:-

SCHEDULE DEV. NO. NAME PROPOSAL LOCATION CONDITIONS

433/175/05 Jim Best Ford Showroom, New Car Lot, Offices & Used Car Lot (Service Trade Premises) CLASS: 5, 6 & 7 AREA: 800m² ZONE: Mixed Use/Town Approach BUILDER: IJ McKendrick

Lot 163 & 164, G1/55 45 Main North RoadCLARE

29 Conditions as approved by DAP 17/10/05

433/305/05 W Jamieson & T Cummins

Transportable Dwelling CLASS: 1a AREA: 136m² ZONE: Rural Living BUILDER: Rivergum Homes

Lot 2, F102900 Phoenix Street NorthARMAGH

P1-4, P7, P13, P28, P36, P37, P38, P53

433/311/05 P & P Doroch Transportable Dwelling CLASS: 1a AREA: 210m² ZONE: Rural Horticulture BUILDER: Rivergum Homes

Lot 10, D67905 Hayward Heights ARMAGH

P1-4, P7, P13, P36, P37, P38, P72 (amended)

433/313/05 Andrew Michael

50,000 Gallon Water Tank CLASS: 10b AREA: ZONE: Rural BUILDER: Pioneer Water Tanks

Lot 10 D23107 Auburn-Saddleworth Road HD SADDLEWORTH

P1-4

4.2 Land Division Applications 4.2.1 433/D015/05 in the name of SC Heinrich & Co Pty Ltd for

1 additional allotment at Lots 94/100, FP191013, Lot 451, FP209665, between York Road & Farrell Flat Road, Clare

The Development Assessment Panel, pursuant to Section 33 of the Development Act 1993 as amended, grants development approval to the application for consent to divide land subject to the following conditions:- Development Assessment Commission Conditions

1. The financial requirements of the SA Water Corporation shall be met for the provision of water supply (SA Water 90077/05).

2. Payment of $1384 shall be made into the Planning and

Development Fund (.92 allotment @ $1505/allotment). Cheques shall be made payable and marked “Not Negotiable” to the Development Assessment Commission and payment made at Level 5, 136 North Terrace, Adelaide, or sent to GPO Box 1815, Adelaide, or via the internet at www.planning.sa.gov.au.

3. Two copies of a certified survey plan shall be lodged with

the Development Assessment Commission for Certificate purposes.

Council Conditions 4. Payment of $2,500 shall be made to the Clare & Gilbert

Valleys Council (1 allotment @ $2,500/allotment) for Common Effluent Drainage Scheme pond and pipework maintenance and increase in overall capacity. Each allotment is to be provided with independent connections to the CED Scheme.

5. No access or driveway(s) to proposed Lot 5 to/from

Farrell Flat Road shall be constructed. 6. The new public road off York Road (and associated

footpaths and drainage) shall be constructed, sealed and named to the satisfaction of Council’s Engineering Department, prior to the release of lots for sale, at the expense of the applicant. If Transport SA only allow entry to the new road from the east (left hand turn only) and exiting to Farrell Flat Road to the west (left hand turn out from the new road), adequate turning room to an area between lots 5 and 6 shall be provided for larger service vehicles (rigid drive), in accordance with Australian Standards AS2890 Parts 1 to 4 (to be also able to exit to the west on the new road). Detailed designs and specifications for all civil works including roads, drainage footpaths and landscaping are to be provided to Council for approval. No work on any civil engineering works is to commence prior to the receipt of written approval from Council’s Engineering Department.

7. Levels to all new allotments 1 – 5 to be re-worked to

ensure they are all higher than the new public road, and to allow stormwater flows to York Road and/or Farrell Flat – to Council’s and Transport SA’s satisfaction (stormwater

from adjoining Lots 5 and 6 D2300, and 73 D45290 should also factored into this design). An alternative is to include a 3m wide drainage easement to the northern side of Lots 1 – 5, to be included prior to the lodgement of the certified survey plan. The developer shall prepare a drainage strategy for the approval of Council. That strategy shall be prepared by an appropriately qualified Engineer and shall be submitted for approval prior to detailed design.

8. A landscape plan, covering both street and reserve

landscaping shall be submitted for approval along with detailed Engineering plans. A minimum 12 month maintenance program, by the developer, for all plantings and associated infrastructure (irrigation etc.) is also required.

Transport SA Condition 9. The proposed eastern access point onto Farrell Flat Road

does not meet the Safe Intersection Sight Distance (SISD) as stipulated by Austroads, section 5.2.2 and, as such, Transport SA objects to the construction of this access.

Transport SA Notes

1. Transport SA is currently considering a proposal to re-align Farrell Flat Road. Although the exact requirements are yet to be determined, it is expected that this realignment will affect Lot 5 and possibly a portion of Lot 4. The timing of this proposal is yet to be determined.

2. Prior to undertaking any further planning design, the

applicant should contact Transport SA’s Acting Planning Engineer, Mid North Region, Darrell Hamlyn, on telephone (08) 8638 5527, to discuss Transport SA’s requirements.

4.2.2 Proposed additional allotment at Sections 617 & 618, Cnr

Stockport-Giles Corner and Claytons Road, Stockport

The development assessment panel advises the enquirer to lodge a land division application with Planning SA. However prior to doing so, applicant to gain the support of the DAP a more appropriate allotment shape for the existing dwelling rather than an awkward hammerhead shape should be seriously considered and evidence of the age of the existing dwelling be provided, i.e. written or photographic.

4.3 Applications to be determined by the Panel 4.3.1 433/338/05 in the name of R Willmott for a Commercial

Hay Storage building at Section 334, Hd Saddleworth, Barrier Highway, Manoora

The Development Assessment Panel, pursuant to Section 33 of the Development Act 1993, as amended, grants Provisional Development Plan Consent subject to the following conditions:- 1. All work being carried out in accordance with plans and

specifications submitted with and forming part of the application.

2. The site being maintained to the reasonable satisfaction

of the Council at all times. 3. All materials used to be of high quality and maintained at

all times in good repair and condition to the satisfaction of Council.

4. The site adjoining the southern sides of the existing shed

and proposed building shall be appropriately landscaped by the planting of ground covers, trees and shrubs within two months of the completion of the building to the reasonable satisfaction of Council such planting to be maintained and nurtured thereafter for all time by the person making use of the land. No planting to occur adjacent to the Barrier Highway/Schunkes Road intersection to keep sightlines of drivers clear and open. Reason: To ensure vegetation cover is established within a reasonable time and that it is well maintained.

5. The stormwater shall be disposed of in such a manner

that it does not flow or discharge onto land of adjoining owners or lie against any building or create insanitary conditions. Reason: To ensure adequate compliance with the provisions of the Development Act, 1993.

6. Unless otherwise approved by Council, outside lighting

shall be restricted to that necessary for security purposes only and shall be directed and shaded in such a manner so as not to cause light overspill and/or nuisance to adjacent occupiers or distraction to drivers on adjacent public roads.

Reason: To ensure that floodlighting does not cause nuisance or danger to adjoining occupiers or road users thereby reducing the amenity of the locality and/or making road use unsafe.

7. All vehicle parking associated with the development is to

occur upon the site of the proposed development. 8. All existing trees within and adjacent the subject land not

directly affected by site and building work shall be retained and protected during development, to the reasonable satisfaction of Council.

Reason: To maintain the amenity of the locality in which the subject land is located.

9. All storm water from the building and ‘all weather’ access

areas shall be disposed of in a manner and with materials to the reasonable satisfaction of Council before occupation of the building. Reason: To ensure stormwater is disposed of in a controlled manner.

10. All driveway, access and truck parking areas shall be constructed with an ‘all weather’ access material in a manner satisfactory to Council within six months of Development Approval. Reason: To ensure provision within a reasonable time.

11. Driveway shall not be located within 50 metres of the intersection point of the two road boundaries. Reason: To improve safety.

12. No materials, goods or containers shall be stored in the

car park or driveways at any time. Reason: To ensure car parking is always available.

13. All loading and unloading of vehicles and manoeuvring of

vehicles in connection with the now approved land use shall be carried out entirely within the subject land. Reason: To ensure that vehicles associated with the land use do not cause disruption or danger to vehicles on adjoining public roads.

14. No other point of egress from or ingress to the subject

land shall be created without prior consent of the Council being first obtained in writing. Reason: To ensure egress or ingress points are located and designed in appropriate locations.

15. All vehicles shall enter and exit the subject land in a

forward direction. 16. All hay and straw waste shall be adequately contained

and stored on the site pending removal, and adequately restrained on heavy vehicles entering and exiting the subject land. Reason: To maintain the tidiness and amenity of the site, road sides and general locality.

17. When the building is used for family farm storage

purposes only, ancillary to the rural use of the land with no commercial trade, business or industrial activities being carried out or allowed at any time, other roads in the vicinity of the site may be used.

NOTE: Before the building is used, an Agreement must be entered into between the applicant or its successor and the Council in a form satisfactory to the Council including the applicant being required to upgrade Schunkes Road from the Barrier Highway to the exit/entry point of the subject land (including extending the existing edge of the Barrier Highway bitumen seal – see below), from a Category 3 unsealed rural road to a Category 1 unsealed rural road, to the satisfaction of Council’s Works Manager, prior to the use of the building; with all costs to be borne by the applicant. The proposed access for hay store traffic should be wide enough and suitably flared to cater for simultaneous two-way vehicle movements of the largest vehicle expected to use the site. In particular, large vehicles should be able to turn left into and turn left out of Schunke’s Road without crossing the centre line of the Barrier Highway. In order to minimise damage to the edge of the existing road seal and debris being carried onto the road surface, the access should be sealed from the line of the property boundary (on the western side of the Barrier Highway) to the sealed carriageway of the Barrier Highway, at the applicants’ expense. The developer should contact Transport Services Division Technical Officer, Mid North Region, Freeling, Mr Richard Dodson, telephone (08) 8525 2888 regarding access sealing and roadside drainage requirements and Tony Eckermann, Council’s Works Manager regarding the sealing of the edge of Barrier Highway, prior to undertaking the works. All costs associated with these works shall be borne by the developer.

Reason: To ensure that all vehicles associated with the land use, do not cause damage or disruption or danger to vehicles on adjoining public road(s).

4.3.2 433/302/05 in the name of Cardinham Estate for a Winery

(producing no more than 480 tonnes per annum) at Section 59, Hd Cl, Main North Road, Stanley Flat

The Development Assessment Panel, pursuant to Section 33 of the Development Act, 1993, as amended, grants Provisional Development Plan Consent, subject to the following conditions:- 1. All work being carried out in accordance with plans and

specifications submitted with and forming part of the application.

2. The site being maintained to the reasonable satisfaction

of council at all times.

3. Compliance in all respects with the requirements of the Building Rules and any other relevant legislation.

4. All materials to be of high quality and maintained at all

times in good repair and condition to the satisfaction of council.

5. The carparking layout for this development shall be

designed in accordance with Australian Standards AS2890-2004.

6. Reason: To provide useable carparking spaces and manoeuvring on the site.

7. All parking spaces shall be delineated in a distinctive

fashion and maintained in good condition to the satisfaction of Council.

8. Reason: To ensure provision within a reasonable time.

9. Landscaping around production areas shall be established prior to the use of the building(s) and shall be nurtured and maintained in good condition at all times, to the reasonable satisfaction of Council.

10. Reason: To ensure landscaping is established within a reasonable time and that it is well maintained.

11. Sheds clad with metal sheeting other than colorbond are

to be etched and painted in a professional manner within two months of erection. The colour of buildings is to be of dark, natural tones, which blend with the rural landscape.

12. Reason: To maintain the visual amenity of the locality.

13. Hours of operation shall only be between the hours of 6am and 10pm inclusive.

14. Reason: To limit the effect of the approved land use on the amenity of the locality.

15. Unless otherwise approved by Council, outside lighting

shall be restricted to that necessary for security purposes only and shall be directed and shaded in such a manner so as not to cause light overspill and/or nuisance to adjacent occupiers or distraction to drivers on adjacent public roads.

16. Reason: To ensure that floodlighting does not cause nuisance or danger to adjoining occupiers or road users thereby reducing the amenity of the locality and/or making road use unsafe.

17. All driveway, access and truck parking areas shall be

constructed with an ‘all weather’ access material in a manner satisfactory to Council within six months of Development Approval.

18. Reason: To ensure provision within a reasonable time.

19. No materials, goods or containers shall be stored in the car park or driveways at any time.

20. Reason: To ensure car parking is always available.

21. All loading and unloading of vehicles and manoeuvring of vehicles in connection with the now approved land use shall be carried out entirely within the subject land.

22. Reason: To ensure that vehicles associated with the land use do not cause disruption or danger to vehicles on adjoining public roads.

23. No other point of egress from or ingress to the subject

land shall be created without prior consent of the Council being first obtained in writing.

24. Reason: To ensure egress or ingress points are located and designed in appropriate locations.

25. All vehicles shall enter and exit the subject land in a

forward direction.

Council Note Before the complex is used, an Agreement must be entered into between the applicant or its successor and the Council in a form satisfactory to the Council including the applicant being required to upgrade from the existing edge of the Main North Road bitumen seal to the exit/entry point of the subject land (also see below), to the satisfaction of Transport Services Division and Council’s Works Manager, prior to the use of the building; with all costs to be borne by the applicant. The proposed access for the winery traffic should be wide enough and suitably flared to cater for simultaneous two-way vehicle movements of the largest vehicle expected to use the site. In particular, large vehicles should be able to turn left into and turn left out of the subject land without crossing the centre line of the Main North Road. In order to minimise damage to the edge of the existing road seal and debris being carried onto the road surface, the access should be sealed from the line of the property boundary (on the eastern side of the Main North Road) to the sealed carriageway of the Main North Road, at the applicants’ expense. The developer should contact Transport Services Division Technical Officer, Mid North Region, Freeling, Mr Richard Dodson, telephone (08) 8525 2888 regarding access sealing and roadside drainage requirements and Tony Eckermann, Council’s Works Manager regarding the sealing of the edge of Main North Road, prior to undertaking the works. All costs associated with these works shall be borne by the developer. Reason: To ensure that all vehicles associated with the land use, do not cause damage or disruption or danger to vehicles on adjoining public road. EPA Conditions 1. No more than 480 tonnes of grapes must be crushed in

any year. 2. All winery work (crushing, barrel washing, storage of wine

etc) must be carried out only on a concreted area that drains to the wastewater management system.

3. Wastewater must not be irrigated on, or allowed to enter

into: • waterlogged areas; • land within 100 metres of any watercourse;

• land subject to flooding, steeply sloping land, land with rocky outcrops, or highly permeable soil overlaying an unconfined aquifer;

• land within 50 metres of any residence on neighbouring land; or

• land within 25 metres of any property boundary.

4. Wastewater must not be irrigated in a manner that will result in fine droplets or mist being generated such that wastewater is only applied to land as restricted by the condition above.

5. Bunding must be constructed along the section of the

creek immediately adjacent the winery site, in a manner that will effectively prevent any run-off wine/effluent from entering the watercourse.

Refer EPA Guideline: http://www.epa.sa.gov.au/pdfs/guide_bunding.pdf

6. Audible and visual high-level alarms must be provided for

the wastewater tank and be effective to alert winery staff of high-level condition in the wastewater tank.

7. A back up pump must be kept on site at all times in case

of failure of the wastewater tank pump. 8. An overflow tank, with a volume of at least 5,000 litres,

must be connected to the wastewater tank to capture any overflow. This overflow tank must be emptied at the earliest possible time after receiving any wastewater overflow.

9. The winery wastewater tank and overflow tank must be

fully sealed system so that in the event of complete filling, any excess wastewater will back up and be contained within the winery concrete apron.

10. Pipe work carrying effluent across the watercourse to the

irrigation area must be constructed of stainless steel, or other last lasting durable material, and comprise a suitable form of leak detection.

EPA Notes • The applicant is reminded of its general environmental

duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practical measures to ensure that the activities on the whole site, including during construction, do not pollute the

environment in a way which causes or may cause environmental harm.

• Given the location of the winery the EPA would be

unlikely to support its expansion beyond the capacity proposed in this development.

• Any information sheets, guidelines documents, codes of

practice, technical bulletins etc that are referenced in this decision may be accessed on the following web site: http://www.environment.sa.gov.au/epa/pub.html

Department of Water, Land and Biodiversity Conservation Notes 1. The proposed location and manner of use of effluent water

should have no detrimental effect on receiving water resources, including, but not limited to, changes in the natural flow, pollution or an increase in salinity.

2. The proposed location and manner of use of effluent water

should have no adverse effects on those qualities of any receiving water that ecosystems depend on.

3. The proposed location and manner of use of effluent water

should have no detrimental effect on the productive capacity of the land, including by not limited to, creating perched water tables less than 2 metres from the surface or waterlogging.

4. The proposed location and manner of use of effluent water

should not cause a rise in underground water level sufficient to detrimentally affect structures or ecosystems.

5. The applicant should read the Guidelines for Wineries and

Distilleries, which can be found at the following website, www.epa.sa.gov.au/pdfs/guide_wineries.pdf

4.3.3 49/433/05/05 in the name of DAIS for Sports Hall (Clare High School) at Lot 3, DP56, Blyth Road, Clare The application and approval be noted by the Development Assessment Panel.

4.3.4 433/280/05 & 433/281/05 in the name of Annies Lane at

Quelltaler for Fuel and Chemical Storage buildings at Section 3001, Hd Upper Wakefield, Watervale – Mintaro Road, Watervale The Development Assessment Panel, pursuant to Regulation 17(3)(b) of the Development Regulations, resolve to proceed with an assessment of the application, and the applicant be required to provide a Statement of Effect.

4.3.5 433/---/05 in the name Finowa Pty Ltd for Change of Use

from Residential to Offices and Retail at Lots 162 & 149 D5061, Scott Street/Old North Road (& Mill Street for car parking), Clare

6.12pm Mr van Loggerenberg declared an interest and left the meeting.

The Development Assessment Panel, advises the applicant that the proposal in it’s current form is not supported and better ‘site planning’ should be sought.

4.3.6 433/312/05 in the name K & FL Lymberopoulos for

Detached Dwelling on 6.21ha lot, legally created after 1 January 1996 at Lot 37, Hd Clare, Quarry Road, Clare

The Development Assessment Panel, pursuant to Regulation 17(3)(b) of the Development Regulations, resolve to proceed with an assessment of the application, and the applicant be required to provide a Statement of Effect.

6.21pm Mr van Loggerenberg returned to the meeting.

4.3.7 433/129/04 in the name BRL Hardy) Leasingham

Winery/Bullock and Partners) for Winery and cellar door alterations and additions at Lots 174 and 175, D377 Dominic Street, Clare The Development Assessment Panel, pursuant to Section 33 of the Development Act, 1993, as amended, grants Provisional Development Plan consent subject to the following conditions:- 1. All work being carried out in accordance with plans and

specifications submitted with and forming part of the application.

2. The site including access and egress being maintained to

the reasonable satisfaction of the Council at all times.

3. Compliance in all respects with the requirements of the Building Rules and any other relevant legislation.

4. All materials used to be of high quality and maintained at

all times in good repair and condition to the satisfaction of Council.

5. All mechanical services to the building shall be designed,

installed and operated in such a manner that any person or persons living within or adjacent to the site should not be subjected to any nuisance or inconvenience from noise or fumes. Reason: To limit the effect of the mechanical services for activities on the subject land within the site, thereby maintaining the amenity of the locality.

6. Landscaping shall be established prior to the use of the

building(s) in accordance with an approved plan, and shall be nurtured and maintained in good condition at all times, to the reasonable satisfaction of Council. Reason: To ensure landscaping is established and that it is well maintained.

7. A detailed landscape schedule shall be submitted to

Council for approval indicating the species and location of proposed trees and shrubs on the site, prior to the Provisional Building Rules Consent being issued. Reason: To ensure appropriate landscaping is planted.

8. Retaining walls shall be used to contain cut and fill within

the subject land. Reason: For the protection of adjoining land.

9. All stormwater from the buildings and paved areas shall

be disposed of in a manner and with materials to the reasonable satisfaction of Council before occupation of the building. Reason: To ensure stormwater is disposed of in a controlled manner.

10. That all stormwater drain and wastewater drain

connections to underfloor plumbing and drainage are to be provided with flexible joint connectors in accordance with the recommendations of Appendix F of AS 2870. Reason: To ensure adequate compliance with the provisions of the Development Act, 1993.

11. The carparking layout for this development shall be designed in accordance with Australian Standards AS2890 Parts 1 to 4. Reason: To provide useable carparking spaces and manoeuvring on the site.

12. All loading and unloading of vehicles and manoeuvring of vehicles in connection with the now approved land use shall be carried out entirely within the subject land. Reason: To ensure that vehicles associated with the land use do not cause disruption or danger to vehicles on adjoining public roads.

13. Directional signs, ie with the message “in only” and “out only” shall be appropriately located and have an advertising area not exceeding 0.2m² and shall be maintained in good condition at all times to the reasonable satisfaction of Council. Reason: To ensure that visitors to the site are made aware of the required direction thereby reducing vehicular congestion on adjoining public roads.

14. All vehicles shall enter and exit the subject land in a

forward direction. Reason: To ensure the safe movement of vehicles associated with the land use.

15. Apart from any signs which may be permitted for the

zone, no advertisement or advertising display, including portable easel or A-frame signs, other than those depicted on the approved plans, shall be erected and/or displayed within the subject land or on any building or structure within the subject land. Reason: To restrict the proliferation of advertisements on site.

16. The colours and finishes of all external building materials

shall be as near as practicable to match those of the principal building. Reason: To maintain the amenity of the locality.

17. Any floodlighting shall be arranged in such a manner as

not to cause any hazard, nuisance or inconvenience to traffic and residents in the vicinity, and shall be connected to a time switch set to turn off at 10.00pm. Reason: To minimise disruption to neighbours.

18. All trade waste and other rubbish shall be contained and

stored pending removal in covered containers which shall be kept at the rear of the proposed building. Reason: To maintain the amenity of the locality.

19. Containers, bins or receptacles used for the temporary

storage of garbage, waste or refuse arising from the premises, shall be located and/or screened from public view, to the reasonable satisfaction of Council. Reason: To maintain the amenity of the locality.

20. During the period that the development is being

undertaken all paper, plastic, rubbish and other waste material associated with the building work shall be appropriately secured to ensure that it is contained within the subject land which is to be kept in a generally neat and tidy condition to the reasonable satisfaction of the Council. Reason: To maintain the tidiness and amenity of the locality.

21. Any audible burglar alarm system shall be connected to a

time switch set to turn off after 2 minutes of warning. Reason: To reduce the degree of nuisance/disturbance to the neighbouring community.

22. The proposed road shall be constructed of materials and specifications to the satisfaction of Council’s Engineering Department. All appropriate documentation shall be provided to Council prior to construction. A white centre line is also required to the southern ramp – exit to Young Street. Reason: To provide for the safety of motorists.

Council Note The applicant is advised that as part of a development application for a future land division that Council may require some public land adjacent the river. EPA Notes The following notes provide important information for the benefit of the applicant and are required to be included in any approval: • The applicant is reminded of its general environmental

duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practical

measures to ensure that the activities on the whole site, including during construction, do not pollute the environment in a way which causes or may cause environment harm.

To demonstrate that the duty is being met in terms of water quality protection for this proposal relevant provisions from the Stormwater Pollution Prevention Code of Practice for the Building and Construction Industry’ by the EPA need to be implemented for demolition/construction work. The following are considered to be minimum requirements:

- all hard waste being contained and stored on-site in

such a manner so as to prevent any materials from entering the stormwater system, and removed off site for appropriate disposal;

- all residues and waste generated by concrete works not being deposited on the ground and being prevented from entering stormwater;

- paint waste and wash waters being appropriately contained and removed off site for appropriate disposal (ie not being deposited on the ground or allowed to enter stormwater);

- during the demolition any asbestos-containing wastes that may be discovered must be disposed of appropriately [persons who collect or transport friable or non-friable asbestos-containing waste as a business for fee or reward must be licensed under Section 36 of the Act (refer to EPA Technical Bulleting No 1)].

- Dust control measures being implemented as necessary during construction to minimize the potential for dust generation (eg at nearby residential development) such that no off site nuisance occurs.

- Any disused waste water pipes, which result from the proposed upgrade, being properly decommissioned such that no contamination of soil or water resources results.

• An environmental authorization in the form of a license is

required for the operation of this amended facility. The applicant is required to contact the Environment Protection Authority before acting on this approval to ascertain licensing requirements.

• A license may be refused where the applicant has failed

to comply with any conditions of development approval imposed at the direction of the Environment Protection Authority.

• Any information sheets, guidelines documents, codes of

practice, technical bulletins etc that are referenced in this decision have been provided to the planning authority or may be accessed on the following web site: http://www.environment.sa.gov.au/epa/pub.html.

Department of Water, Land and Biodiversity Conservation Notes • Stormwater runoff from the development should be

diverted into a stormwater treatment system for the removal of pollutants prior to entering Council’s infrastructure, with adequate provision to accommodate or bypass high flow events.

• During construction of the development erosion control measures, including but not limited to hay bail barriers, sediment traps and fences, must be employed to prevent sedimentation to the watercourse.

• Structures placed on a floodplain must not interfere with the migration of aquatic biota, result in an increase in erosion up or downstream of the structure or have detrimental off-site impacts.

4.4 Statistics The statistics for the previous month were received. 5. OTHER 5.1 Development Assessment Commission – Information

BUSINESS The information noted by the Development Assessment Panel.

6. CLOSURE 6.1 Meeting closed at 6.29 pm