Notice of Panel Meeting - City of West Torrens · The subject site is located on the eastern side of West Street between North Parade and Carlton Parade. The allotment has a frontage

Notice of Panel Meeting

NOTICE IS HEREBY GIVEN in accordance with Section 56A(19) of the Development Act 1993, that a meeting of the

DEVELOPMENT ASSESSMENT PANEL

of the

CITY OF WEST TORRENS

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

on

TUESDAY, 14 AUGUST 2012 at 5.00 PM

Declan Moore Chief Executive Officer (Acting)

City of West Torrens Disclaimer Development Assessment Panel Please note that the contents of this Development Assessment Panel Agenda have yet to be considered and deliberated by the Development Assessment Panel and officer recommendations may be adjusted or changed by the Development Assessment Panel in the process of making the formal Development Assessment Panel decision.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012

I N D E X

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

1.1 Evacuation Procedure .............................................................................. 1

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

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

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

5. DISCLOSURE STATEMENTS ............................................................................. 1

6. REPORTS OF MANAGER CITY DEVELOPMENT .............................................. 3

6.1 40A West Street, Thebarton ..................................................................... 3

6.2 52 Pine Avenue, NOVAR GARDENS ...................................................... 44

6.3 24 Bransby Ave, NORTH PLYMPTON .................................................... 71

6.4 18 Warwick Avenue, KURRALTA PARK .............................................. 110

6.5 449 Henley Beach Road, Lockleys ....................................................... 146

6.6 19 Ruthven Avenue, GLANDORE (CT) ................................................. 155

6.7 19 Ruthven Avenue, GLANDORE (TT) ................................................. 166

6.8 4 Basnett Street, Kurralta Park............................................................. 177

6.9 4 Hare Street, KURRALTA PARK ......................................................... 188

6.10 37A Lindsay Street, PLYMPTON .......................................................... 240

6.11 79-81 White Avenue, LOCKLEYS ......................................................... 258

7. CONFIDENTIAL REPORTS OF MANAGER CITY DEVELOPMENT .............. 291

8. SUMMARY OF COURT APPEALS ................................................................. 291

8.1 Summary of Court Appeals .................................................................. 291

9. MEETING CLOSE ........................................................................................... 292

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 1

1. MEETING OPENED

1.1 Evacuation Procedure 2. PRESENT

3. APOLOGIES

4. CONFIRMATION OF MINUTES

RECOMMENDATION That the Minutes of the meeting of the Panel held on 10 July 2012 be confirmed as a true and correct record. 5. DISCLOSURE STATEMENTS

The following information should be considered by Development Assessment Panel Members prior to a meeting: Action to be taken prior to consideration of a matter Sections 2(4)(5) of the Minister's Code of Conduct - Section 21A of the Development Act 1993 requires that:

"If you consider that you have, or might reasonably be perceived to have an interest in the matter before the panel, you must clearly state the nature of that interest in writing to the presiding member before the matter is considered.

If you consider that you have a personal interest which may be in conflict with your public duty to act impartially and in accordance with the principles of the Act, you must declare a conflict of interest as above."

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 2 Action to be taken after making a declaration of interest: Section 2(6) of the Minister's Code of Conduct - Section 21A of the Development Act 1993 requires that:

"If you have an interest in a matter, you must not partake in any of the assessment processes involving the matter. You must leave the room at any time in which the matter is discussed by the panel including during the hearing of any representations or during any vote on the matter. You must not vote on the matter and you must not move or second any motion or participate in any discussion through the consensus process."

If an interest has been declared by any member of the panel, the presiding member must record the nature of the interest in the minutes of meeting. The following disclosures of interest have been made in relation to:

Item Panel Member

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 3 6. REPORTS OF MANAGER CITY DEVELOPMENT

6.1 40A West Street, Thebarton Application No. 211/604/2012 Appearing before the Panel will be: Representors: Paul Gelios wishes to represent the Evan and Aglaia Gelios of 40 West

Street Torrensville in support of the representation. Applicant/s Marc Rychener and Desiree Beekharry (the applicants) and Matthew

Anderson and Jenny Horsfall of Marshall Thompson Homes wish to appear to respond to representations.

DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of a two storey dwelling with a garage wall on

the side boundary. APPLICANT Marc Rychener and Desiree Beekharry APPLICATION NO 211/604/2012 LODGEMENT DATE 12 June 2012 ZONE Residential POLICY AREA 21 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

City Assets External Nil

ASSESSING OFFICER Leon Jaworski DEVELOPMENT PLAN VERSION

02 February 2012

MEETING DATE 14 August 2012 RECOMMENDATION CONSENT

PREVIOUS or RELATED APPLICATIONS 211/652/2009 Single storey detached dwelling

with garage under main roof and on side boundary. Development Plan Consent

211/678/2009 Land Division (Torrens Title). Approved

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 4 SITE AND LOCALITY

The subject site is located on the eastern side of West Street between North Parade and Carlton Parade. The allotment has a frontage of 22.3m and a depth of 15.24m producing a site area of 340m². The dwellings on the east side of the street predate World War 2. They have mainly sandstone facades with quoins of either stone or brick. The west side of the street has a range of dwelling styles ranging from pre-war to post-war era buildings. Their facades are generally stone for the earlier period and brick for the post war period. A locality map and aerial photograph of the subject site are included below.



DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 7 PROPOSAL

The proposal is for the construction of a two storey dwelling with a garage wall on a side boundary on an existing allotment. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below: (Details of the site plan and elevations are included in Attachment A).

DEVELOPMENT

PLAN PROVISIONS

STANDARD

40A West Street ASSESSMENT

SITE COVERAGE General section Residential Development PDC 30.

50% for area 301-450m²

47%

Complies

FRONT SETBACK General section Residential Development PDC 18.

The average

where buildings setbacks > to 2m

2..09

Average is 1.3m Does Not Comply

SIDE SETBACKS General Section Residential Development PDC 23. REAR SETBACKS General Section Residential Development PDC 23

1m for 3m wall 2m for 6m wall

3m for single storey

8m for second

storey component

1m on north side Garage wall

on south

1.58m for single storey

8m for second

storey component

Complies

Does Not comply

Complies

PRIVATE OPEN SPACE General Section Residential Section PDC 33

20% for site area > 20%

26%

Complies

CARPARKING SPACES Transport and Access Section PDC 33 Table Section Table Wet/2

2 spaces of which 1 is covered

2 covered

Complies

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 8 PUBLIC NOTIFICATION

The application is a Category 2 form of development pursuant to Section 38 of the Development Act 1993 and Schedule 9 of the Development Regulations 2008 and Procedural Matters in the Residential Zone of the West Torrens Council Development Plan. Properties notified: 8 properties were notified during the public notification

process. Representations: 1 representation was received, a petition organised by the

representor was also submitted Persons wishing to be heard:

1 representor identified that they wish to address the Panel.

• Evan and Aglaia Gelios Summary of Representations:

Concerns were raised regarding the following matters; • Relocation of the boundary wall. • Relocation of the upper level. • Resolved with the relocation of the garage wall.

The Applicant has provided a response to the representations, as summarised below: • Overshadowing meets the Development Plan guidelines; and • Pursuant to the applicant's original response to the third party's representation, the applicant

has had discussions with the neighbour to resolve the issue. A verbal understanding was reached but that agreement has since lost currency. The applicant has now indicated that they wish to proceed with the original design as the garage wall meets the guidelines in the Development Plan.

A copy of the representor's concerns, the petition and the applicant’s response and a letter by a neighbour confirming the initial agreement is included in Attachment 2. REFERRALS

Internal City Assets Concerns were raised regarding the following matters; • The location of the proposed crossover in conflict with the adjoining crossover. Most recent plans have been amended to address this issue. A full copy of the relevant report by City Assets is attached, refer Attachment 3.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 9 ASSESSMENT

The subject land is located within the Residential Zone and more particularly Policy Area 21 as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Design and Appearance Objectives 1 Principles of Development Control 1, 2, 3, 4, 5, 10 & 16.

Energy Efficiency Objectives 1 Principles of Development Control 1, 2 & 3.

Landscaping, Fences and Walls

Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4 & 6.

Orderly and Sustainable Development

Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 5, 7 & 8

Renewable Energy Facilities Objectives 1 & 2 Principles of Development Control 1 & 2

Residential Development

Objectives 1, 2, 3 & 4. Principles of Development Control 1, 2, 7, 10, 11, 12, 13, 15,

16, 17, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 38, 40, 41, 45, 46, 47, 48 & 49.

Siting and Visibility Objectives 1 Principles of Development Control 1, 2, 3, 4, 5, 6, 7 & 8

Transportation and Access Objectives 2 Principles of Development Control 23, 24, 33, 34, 35, 36, 39 &

40. Zone: Residential Desired Character Statement: This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use. Objectives 1, 2, 3 & 4. Principles of Development Control 1, 3, 6 & 8

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 10 Policy Area: 21 Desired Character Statement: This policy area will continue to develop as a residential area of medium density and infill development. Development will be in keeping with the existing character of the area with buildings that maintain the traditional character through a variety of designs. Appropriately designed modern interpretations of the existing residential character, such as post World War Two and 1950's Tudor style housing will be encouraged where suitable. Objectives 1 Principles of Development Control 1, 2 7 3. In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Bulk and Scale The applicant has mitigated the possible domination of the site and the streetscape of the second storey component by: • having only the one room at the upper storey, • using a light coloured brick, • using differing materials for the front facade, • articulation of the front facade, • a low profile roof, and • landscaping at the front. When considered as a whole, all these items would mitigate any appearance of bulk and scale by the second storey component of the dwelling. Setbacks The front setback is greater than that sought by the Development Plan. This is considered a good design outcome as it adds a sense of depth that will assist to integrate the dwelling walls on the boundary to the north and the shallow front setback of the dwelling to the south. While the rear setback is less than that sought by the Development Plan, it is not prejudicial to the development as a whole. The private open space is accessible from a living area, has a northerly aspect and the total area is greater than that sought. Overlooking and Overshadowing The one window on the side of the upper level has a sill height of 1700mm, which is in accordance with Council's Development Plan. There are no overlooking issues in the submitted design. The third party representor has made representations regarding overshadowing of the north facing windows of habitable rooms by the upper storey and the garage wall on the boundary that include overshadowing diagrams. (Refer Attachment 2) The applicant has responded and likewise submitted overshadowing diagrams. Both sets of plans are in agreement that there would be no overshadowing between the hours of 9am and noon. Both plans suggest that there is the potential for overshadowing in the late afternoon. Only the third party representor has submitted a shadow diagram for the afternoon sun.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 11 Principles of Development Control 12 and 13 in the Residential Development module of the General Section state: PDC 12 The design and location of buildings should ensure that direct winter sunlight is

available to adjacent dwellings, with particular consideration given to: (a) windows of habitable rooms, particularly living areas. (b) ground-level private open space. (c) upper-level private balconies that provide the primary open space area for any

dwelling. (d) access to solar energy.

PDC 13 Development should ensure that north facing windows to habitable rooms of existing

dwelling(s) on the same allotment, and on adjacent allotments, receive at least 3 hours of direct sunlight over a portion of their surface between 9.00am and 5.00pm on the 21 June.

As indicated above, both the third party representor and the applicant's overshadowing plans indicate that the windows of the habitable rooms maintain the required minimum direct sunlight in that neither the upper level storey nor the garage wall would overshadow the windows of the habitable rooms for at least three hours on 21 June. As both sets of overshadowing plans suggest that the windows would receive more sunlight than the minimum three (3) hours, the Development Plan does not support the relocation of the upper level storey or the garage wall because of overshadowing. The representor has also supplied an overshadowing plan for 4.30pm on the 21 June. While the diagram may be technically correct, it is more probable that any overshadowing is caused by the height of the surrounding dwellings rather than the setting sun in isolation, which is due to go below the horizon in some 40 minutes (Sunset in Adelaide on 21 June 2012 was 5.11pm). SUMMARY While there are two variations from the Development Plan for this development, they are considered to be of a minor nature only and therefore not prejudicial to the overall application. The applicant has also met the Development Plan requirements for overshadowing as identified in their submitted overshadowing diagrams. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 02 February 2012 and warrants Development Plan Consent.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 12 RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, 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. 211/604/2012 by Marc Rychener and Desiree Beekharry to undertake the construction f a two storey detached dwelling with a garage wall on the boundary at 40A West Street, Torrensville (CT 6076/674) subject to the following conditions: Council Conditions 1. That the development shall be undertaken and completed in accordance with the amended

plans prepared by Marshall Thompson (Job no. 03.12 Sheets 1, 2, 3, 4 of 5, and the Landscape Plan Sheet 1 of 5) and information detailed in this application except where varied by any conditions listed below.

2. The finished floor level must be a minimum of 350 mm above the highest point of the

watertable adjacent to the property as described in the amended Siteworks Plan prepared by Marshall Thompson (Job No. C13866 Sheet 1 of 1).

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

stormwater drain must not at any time:- 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 e) not flow across footpaths or public ways.

4. Total build-up of the site level (excluding the building envelope) above existing ground level

must not exceed 400mm at any point. 5. Retaining walls must be designed to accepted engineering standards, and not of timber

construction if retaining a difference in ground level exceeding 200 mm. 6. 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.

7. 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. (

8. The upper level windows of the dwelling on Elevation b (Job No. 03.12 Sheet 4 of 5) 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, prior to occupation of the building. The glazing in these windows is to be maintained at all times to the reasonable satisfaction of Council.

9. Council requires one business day’s notice of the following stages of building work:

o Commencement of building work on site o The commencement of placement of any structural concrete. o The completion of wall and roof framing prior to the installation of linings. o Completion of building work

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 44 6.2 52 Pine Avenue, NOVAR GARDENS Application No. 211/671/2012 Appearing before the Panel will be: Representors: George Demetriou of 50 Pine Avenue, NOVAR GARDENS wishes to

appear in support of the representation and on behalf of Mr and Mrs Gill. DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Removal of a Regulated Tree - Agonis Flexuosa (Willow

Myrtle) APPLICANT City of West Torrens APPLICATION NO 211/671/2012 LODGEMENT DATE 3 July 2012 ZONE Residential POLICY AREA 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

City Assets - Technical Officer Amenity ASSESSING OFFICER Jessica Grima DEVELOPMENT PLAN VERSION

2 February 2012

MEETING DATE 14 August 2012 RECOMMENDATION REFUSAL

BACKGROUND

The application is being presented to the Development Assessment Panel (DAP) in accordance with the delegations for an application:

• That is similar in nature to one that has been refused by the DAP in the previous five years,

• There is a representor who wishes to address the DAP, • There is a recommendation for refusal.

An application to remove the then Significant Tree was made in April 2009 and refused by the DAP in August 2009. Reasons for the refusal included:

• Removal would be a failure to conserve a tree which provides important aesthetic and environmental benefit,

• The tree forms a notable visual element, • The health of the tree is adequate, and • The tree does not pose any risk to public or private safety.

The current application for removal was lodged on 3 July 2012. In accordance with the Development Regulations 2008 the subject tree is classified as a regulated tree as it has a circumference of approximately 2.15 metres and is an Agonis Flexuosa

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 45 (Willow Myrtle), a species which is not excluded from the definition of a regulated tree regardless of the distance of the tree from a dwelling or an in-ground swimming pool. PREVIOUS or RELATED APPLICATION(S) DA 211/350/2009 - Removal of a Significant Tree - Agonis Flexuosa (Willow Myrtle) REFUSED SITE AND LOCALITY

The subject Council street tree is located adjacent to 52 Pine Avenue, Novar Gardens. The regulated tree in question is located close to the western boundary of 52 Pine Avenue. The locality is not characterised as such by regulated or significant trees however there is a mature Corymbia citriodora (Lemon-scented gum) located on the verge in front of 60 Pine Avenue to the north of the subject tree which also forms a notable visual element. There is not a consistent planting of street trees along Pine Avenue which is partially due to a mixture of species used and the street trees being at various stages of growth, however there are other Agonis Flexuosa (Willow Myrtle) existent along Pine Avenue, some of which are street trees and are approximately the same age and size of the subject tree and others which are located within the front yards of private property but nonetheless contribute to the amenity of the streetscape. The subject site can be seen in the following aerial photo.




The proposal is for the removal of a Regulated Tree - Agonis Flexuosa (Willow Myrtle). Please see Attachment 1 to view a copy of the application submitted. PUBLIC NOTIFICATION

The application is a Category 2 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations. Properties notified: 18 properties were notified during the public notification

process. Representations: 1 representation was received. Persons wishing to be heard:

George Demetriou on behalf of Marie and Kevern Gill has identified that he wishes to address the Panel.

Summary of Representations:

Concerns were raised regarding the following matters; • Uneven surface creating pedestrian hazard • Vehicle sightline interference • Restricted access for garbage collectors • Reduction of sunlight which is compromising the growth of

roses on private land • Tree species is out of character

See Attachment 2 for a copy of the representation. With respect to the representation it is noted that:

• The land situated immediately around the base of the subject tree is raised. • It is acknowledged that the tree extends across much of the Council verge but

pedestrians are not forced to utilise the road when walking along Pine Avenue as there is a designated footpath situated along the western side Pine Avenue.

• There is no evidence to suggest that public and private safety is at risk due to the existence of the subject tree as there is no evidence of limb failure. (The health of the subject tree has been assessed and discussed further in the response given by Council's City Assets Technical Officer Amenity. Please refer to Attachment 3).

• There is no evidence to support the statement that the subject tree unduly restricts the access to vehicles to 52 Pine Avenue as the base of the subject tree is located approximately 5 metres from the driveway, although it is acknowledged that the existence of the tree may impact upon where people choose to park in the street.

• The subject tree is not causing any unreasonable overshadowing given that the allotment (52 Pine Avenue) is orientated west and the tree considerably setback from the dwelling. The subject tree is only expected to cast a shadow after midday which still enables a sufficient amount of sunlight as outlined within General Section - Residential Development- Principle of Development Control 12, 13 and 14 to be accessible to adjacent dwellings, buildings and the associated private open space.


• There is an eclectic mixture of street tree species existent on Pine Avenue which

includes, Agonis, Callisemon, Corymbia, Cupressus, Eucalyptus, Jacaranda, Koelreuteria, and Pyrus and therefore there is no consistent street tree character.

REFERRALS

Internal City Assets - Technical Officer Amenity The application was referred to Council's Technical Officer Amenity who advised that removal of the Agonis Flexuosa (Willow Myrtle) should not be supported. The reasons given by Council's Technical Officer Amenity for the retention of the Agonis Flexuosa (Willow Myrtle) are summarised as follows:

• The tree contributes to the visual amenity of the local area; • The tree maintains good health - with no evidence of limb failures, good foliage density

throughout the canopy, healthy bark with no evidence of wood decay fungi; • Due to good health the life expectancy is not short; • The tree does not present public or private risk to safety as it has been managed through

Council's resources and adhering to Council Urban tree Management Policy; and • The tree does not appear to be causing damage to any buildings;

To view a full copy of the relevant report provided by Council’s Technical Officer Amenity please refer to Attachment 3. ASSESSMENT

The subject land is located within the Residential Zone and specifically within Policy Area 20 as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Orderly and Sustainable Development Objectives 3 & 4 Principles of Development Control 1

Regulated Trees Objectives 1 & 2 Principles of Development Control 1 & 2

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 50 Zone: Residential Zone Desired character: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 4 Principles of Development Control 6 Policy area: Residential Policy Area 20 Desired character: "This policy area is characterised by well maintained single storey detached dwellings on large allotments, set well back from the street. The policy area is reasonably homogenous and is mainly comprised of detached dwellings. This policy area is home to newer subdivisions and housing redevelopment. Many dwellings have characteristic verandas, porches and entry doors facing the street. Development will maintain and complement the character and built form of the existing streetscape". Objectives 1 Principles of Development Control 1

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 51 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Regulated Trees General Section, Regulated Trees, Objective 1, states: "The conservation of regulated trees that provide important aesthetic and environmental benefit". The proposed removal does not satisfy this provision. The subject tree is considered to provide important aesthetic benefit as it is a large tree within the locality with a dense green foliage and no structural abnormalities. It also provides an important aesthetic benefit as it is one of few mature street trees which contribute to the streetscape of Pine Avenue. The subject tree together with the street tree located to the north along the verge of 52 Pine Avenue soften the built environment, especially when standing opposite 52 Pine Avenue and viewing the dwelling. General Section, Regulated Trees, Objective 2 states: "Development in balance with preserving regulated trees that demonstrate one or more of the following attributes: (a) significantly contributes to the character or visual amenity of the local area (b) indigenous to the local area (c) a rare or endangered species (d) an important habitat for native fauna". The proposal to remove the subject tree is not considered to satisfy the above objective as it is a regulated tree which is believed to possess attribute (a). This is for the same reasons as explained within the previous paragraph relating to General Section, Regulated Trees, Objective 1. General Section, Regulated Trees, Principle of Development Control 1 states: "Development should have minimum adverse effects on regulated trees". The proposed development is for the removal of a regulated tree therefore it does not satisfy this Principle of Development Control. General Section, Regulated Trees, Principle of Development Control 2 states: "A regulated tree should not be removed or damaged other than where it can be demonstrated that one or more of the following apply: (a) the tree is diseased and its life expectancy is short (b) the tree represents a material risk to public or private safety (c) the tree is causing damage to a building (d) development that is reasonable and expected would not otherwise be possible (e) the work is required for the removal of dead wood, treatment of disease, or is in the general

interests of the health of the tree". Council’s Technical Advisor Amenity has advised that the life expectancy of the subject tree is not short, the subject tree does not represent a material risk to public or private safety, there is no evidence that the subject tree has caused any damage to a building, and it is not preventing any development that is reasonable and expected within the environment. The applicant has not provided any evidence or report to the contrary.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 52 SUMMARY Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be seriously at variance with the Development Plan. The Agonis Flexuosa (Willow Myrtle) is considered to have an important aesthetic benefit on the environment. There is no evidence to support removal given that it makes an important contribution to the streetscape and there is no evidence relating to poor health, structural faults, risk to pedestrians and the cause of damage to buildings. On balance the proposed development does not accord with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February 2012 and does not warrant Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Approval for Application No. 211/671/2012 by the City of West Torrens for the removal of a Regulated Tree - Agonis Flexuosa (Willow Myrtle) on the verge of 52 Pine Avenue, Novar Gardens for the following reasons:

1. The proposed development is contrary to General Section - Regulated Trees Objective 1

Reason: The removal of the Regulated Tree Agonis Flexuosa (Willow Myrtle) would be unnecessary, and would result in the failure to conserve a regulated tree which provides important aesthetic benefit.

General Section - Regulated Trees Objective 2

Reason: The Regulated Tree Agonis Flexuosa (Willow Myrtle) makes a positive contribution to the amenity and forms a notable visual element of the local area.

General Section - Regulated Trees Principle of Development Control 1

Reason: The proposed removal of the tree would have adverse affects on the Regulated Tree as it would no longer exist.

General Section - Regulated Trees Principle of Development Control 2

Reason: The regulated tree is not in poor health; does not present an unacceptable risk to private of public safety; it is not causing any damage to any surrounding buildings; it is not preventing development that is not considered to be reasonable within the Zone and Policy Area.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 71 6.3 24 Bransby Ave, NORTH PLYMPTON Application No. 211/424/2012 Appearing before the Panel will be: Representors: R.S & S.M Robertson of 26 Bransby Avenue wish to appear in support of

the representation. Applicants: Cam Hoang of Rivergum Homes wishes to respond to the representation. DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of two (2), two storey detached dwellings with

garages under main roof and demolition of existing dwelling and associated structures.

APPLICANT Rivergum Homes APPLICATION NO 211/424/2012 LODGEMENT DATE 2 May 2012 ZONE Residential POLICY AREA 21 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

Nil External Nil

ASSESSING OFFICER A Williams DEVELOPMENT PLAN VERSION

2 Feb 2012


BACKGROUND

The application was lodged on 2 May 2012. As a Category 2 form of development the application was placed on public notification and one (1) representation was received. The representor requested to be heard by the Development Assessment Panel and accordingly the application is presented to the Panel for consideration and determination. PREVIOUS or RELATED APPLICATIONS DA 211/957/2006 – Modify existing dwelling and build second dwelling at rear of existing dwelling – Refused (Lack of Information) DA 211/1135/2008 – Construction of a verandah at rear of dwelling and carport on southern boundary - Approved


The subject land is described as Allotment 32 Deposited Plan 6084 in the area named North Plympton, Hundred of Adelaide as contained in Certificate of Title Volume 5882 Folio 954. The land is more commonly known as 24 Bransby Avenue, North Plympton. The subject land is rectangular in shape and has a site area of approximately 706 square metres. The site has a frontage to Bransby Avenue measuring approximately 16.5 metres and a site depth of approximately 45 metres. The land is located on the western side of Bransby Avenue and slopes away from the street frontage boundary to the rear of the land. A single storey detached dwelling is constructed on the subject land together with a domestic outbuilding (shed) and attached rear verandah. There are few trees on the subject land however the land has a good coverage of grass. A single driveway runs adjacent to the southern property boundary. A masonry and timber fence approximately 1.2 metres in height runs across the front of the subject land. The subject site is located within the Residential Zone and more particularly Residential Policy Area 21. The immediate locality contains a variety of dwelling styles with most dwellings being single storey detached dwellings constructed in the early to mid 20th century. Although there are no two storey dwellings in Bransby Avenue, there are numerous examples scattered throughout the greater locality as contemporary dwellings progressively increase replacing older dwellings. Accordingly, the character of locality is becoming more diverse with contemporary homes sited among older buildings. The site and locality are shown on the following maps.




The proposal seeks approval for the construction of two (2), two storey detached dwellings with garages under main roof and demolition of existing dwelling and associated structures. The dwellings will comprise essentially the same external appearance and floor plan and will sit side by side so as to present to the street as a single building. The dwellings will incorporate the following features: Ground Floor: Porch and entry, laundry, kitchen, meals/living area, toilet, pantry and double garage. Upper Floor: Three bedrooms (one with walk in robe and ensuite), rumpus, bathroom and front balcony. The site will have 1.8 metre good neighbour fencing erected around the boundaries The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below:

DEVELOPMENT PLAN

PROVISIONS

STANDARD ASSESSMENT

SITE AREA Policy Area 21 PDC 3

340 m²

Dwelling 1 - 354m² (average) Complies Dwelling 2 - 353m² (average) Complies

SITE FRONTAGE Policy Area 21 PDC 3

10 m

Dwelling 1 - 8.3 m (proposed) Does Not Comply Dwelling 2 - 8.3 m (proposed) Does Not Comply

SITE COVERAGE Module: Residential Development PDC 30

50%

Dwelling 1 - 120 m² (approx 34%) Complies Dwelling 2 - 120 m² (approx 34%) Complies

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 76 STREET SETBACK Module: Residential Development PDC 18

When setback between two adjacent buildings no more than 2 m, the same as one of the buildings; or when setback between buildings is greater than 2 metres, the average. 9.7 metres & 9.4 metres.

8.3. m (to front porch) and 9.5 (to garages) Does Not Comply

SIDE/REAR SETBACKS Module: Residential Development PDC 23

Side: 1.0 m for walls 3 metres in height, 2 m for walls 6 m in height, 2 m plus the increase in wall height above 6 metres for walls greater than 6 metres Or 0 m for walls on a side boundary and with a maximum height of 3 m and a maximum length of 8 m. Rear 3 m for single storey component and 8 m for 2 Storey component.

Dwelling 1 South wall Ground Floor 0.835 m & 1.79 m Partly complies South Wall Upper Floor 3.6 m & 1.79 m Partly complies North Wall Ground & Upper Floor 0.0 m setback for walls 6.4 m high. Does Not Comply Dwelling 2 North wall Ground Floor 0.87 m & 1.79 m Partly complies North Wall Upper Floor 3.6 m & 1.79 m Partly complies South Wall Ground & Upper Floor 0.0 m setback for walls 6.4 m high. Does Not Comply 17.3 m setback (both dwellings) Complies

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 77 PRIVATE OPEN SPACE Module: Residential Development PDC 33

20 per cent of site area

Dwelling 1 - 143m (40%) Complies Dwelling 2 - 143m (40%) Complies

CARPARKING SPACES Table WtTo/2 – Off-Street Vehicle Parking Requirements

2 car-parking spaces required

Dwelling 1 - 3 provided Complies Dwelling 2 - 3 provided Complies

PUBLIC NOTIFICATION

The application is a Category 2 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and Procedural Matters of the Residential Zone of the West Torrens Council Development Plan. Properties notified: A total of eight notification letters were sent to owners &

occupiers of adjoining properties during the public notification process.

Representations: One representation was received. Persons wishing to be heard:

One representor identified that they wish to address the Panel.

• R.S & S.M Robertson Summary of Representations:

Concerns were raised regarding the following matters; • Overshadowing of north facing windows and solar hot

water panels.

The Applicant has provided a response to the representation, as summarised below: • To reduce the shadow cast over the adjoining property the applicant has reduced the bench

level of the dwelling and shortened the eaves of the roof. A copy of the representor’s concerns is contained in Attachment 2.


The subject land is located within the Residential Zone, and more particularly Policy Area 21, as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Crime Prevention Objectives 1 Principles of Development Control 1, 2, 6, 7, 8 & 10

Design and Appearance Objectives 1

Principles of Development Control 1, 2, 3, 4, 5, 7, 9, 10, 12, 14 & 16

Energy Efficiency Objectives 1 Principles of Development Control 1 & 2


Objectives 1 & 2 Principles of Development Control 1,2,3 & 4


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1 & 7


Objectives 1, 2, 3 & 4 Principles of Development Control 1, 2, 7, 8, 9, 10, 12, 13, 14,

15, 16, 18, 20, 21, 22, 23, 26, 27, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 46, 47, 48 & 49

Transportation and Access Objectives 2 Principles of Development Control 8, 10, 23, 24, 29, 33, 34,

35, 36, 39 & 40 Zone: Residential Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 1, 2, 3 & 4 Principles of Development Control 1, 2, 3, 5, 6, 7 & 8

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 79 Policy Area: Policy Area 21 Desired Character Statement: “This policy area will continue to develop as a residential area of medium density and infill development. Development will be in keeping with the existing character of the area with buildings that maintain the traditional character through a variety of designs. Appropriately designed modern interpretations of the existing residential character, such as post World War Two and 1950s Tudor style housing, will be encouraged where suitable”. Objectives 1 Principles of Development Control 1, 2 and 3 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Overshadowing The following policies within the Residential Development Module of the General Section of the Development Plan provide guidance on how to approach the matter of shadow created by new buildings. Residential Development Principle 12: The design and location of buildings should ensure that direct winter sunlight is available to adjacent dwellings, with particular consideration given to: (a) windows of habitable rooms, particularly living areas (b) ground-level private open space (c) upper-level private balconies that provide the primary open space area for any dwelling (d) access to solar energy. Residential Development Principle 13: Development should ensure that north-facing windows to habitable rooms of existing dwelling(s) on the same allotment, and on adjacent allotments, receive at least 3 hours of direct sunlight over a portion of their surface between 9.00 am and 5.00 pm on the 21 June. Residential Development Principle 14: Development should ensure that ground-level open space of existing buildings receives direct sunlight for a minimum of two hours between 9.00 am and 3.00 pm on 21 June to at least the smaller of the following: (a) half of the existing ground-level open space (b) 35 square metres of the existing ground-level open space (with at least one of the area’s

dimensions measuring 2.5 metres). Development should not increase the overshadowed area by more than 20 per cent in cases where overshadowing already exceeds these requirements. The dwelling on the adjoining property to the south has three north facing windows and a solar hot water system on the roof. Shadow diagrams have been provided with the development application that shows the development will cast shadow over the windows and solar hot water system during 9 am, 12 midday and 3 pm on 21 June. The shadow will also extend over much of the private open space of the adjoining dwelling in the early part of the day. Accordingly the proposed development is not consistent with Principle 12 (a) and (d) and Principle 13 of the Residential Development module.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 80 The three windows, of which two are understood to be of habitable rooms (bedrooms) and the other a toilet, are not considered to be active living areas of the dwelling, for example a kitchen, family or living room/lounge room. Principle 12 (a) places particular emphasis on direct sunlight being available to living areas and although Principles 13 & 14 provide a further quantitative measure to determine if the criteria of Principle 12 can be satisfied, the emphasis on living areas in Principle 12 (a) is still relevant. In these circumstances the extent of direct winter sunlight to active living areas like those described above will not be affected by the proposed development and while it is preferable that north facing windows of adjoining dwellings receive direct sunlight, the fact the windows in question are for dormitory and non habitable uses within the dwelling makes the impact from the proposed dwellings less critical. In addition to this the extent of shadow cast across the private open space of the adjoining dwelling is not considered to be at odds with the expectations of the Development Plan. Principle 14, like Principle 13, provides a quantitative measure to help determine what extent of shadow is considered acceptable. The shadow diagram provided by the applicant shows no shadow cast by the proposed development over the adjoining private open space after midday on June 21. This confirms that direct sunlight will be available to the ground-level open space of the adjoining dwelling for an uninterrupted period of more than two hours between 9.00 am and 3.00 pm on 21 June. Furthermore Principle 12 (d) encourages consideration be given to direct winter sunlight being available to solar energy however, and unlike north facing windows and private open spaces, the Development Plan provides no additional provisions that provide a quantitative guide to determine appropriate levels of direct sunlight to a solar powered hot water system. It is understood that shadow will be cast over the solar panel for most of the day during the mid winter period however the coverage will be significantly less, and at times not at all, during the rest of the year. As such, and like the north facing windows, while it would be ideal for the hot water system to have unrestricted solar access all year round, the principle does not explicitly stipulate this outcome. Accordingly the shadowing of the solar hot water system is considered to brief enough that its inconsistency with Principle 12 (d) is not critical. Finally, the applicant provided a shadow diagram for a hypothetical single storey dwelling constructed on the subject land which depicts similar impacts to that of the proposed dwellings. Although not necessarily applicable to the proposed development itself, such information indicates that a complying development, such as a single storey, detached dwelling, has an ability to create overshadowing of the adjoining dwelling. Setbacks The following policies within the Residential Development Module of the General Section of the Development Plan provide guidance on how to approach the matter of building setbacks from side property boundaries. No discussion is provided regarding the proposed buildings’ setback to the front and rear property boundaries as these aspects of the proposal were found to be consistent with the expectations encouraged by the Development Plan Residential Development Principle 20 Dwellings should be set back from allotment or site boundaries to: (a) contribute to the desired character of the area (b) provide adequate visual privacy by separating habitable rooms from pedestrian and

vehicle movement.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 81 Residential Development Principle 21 Dwellings should be set back a minimum of 1 metre from at least one side boundary which is unencumbered by sills, air conditioners, heaters, gutters, down pipes, masonry chimneys, flues and pipes. Residential Development Principle 22 Dwelling setbacks from side and rear boundaries should be progressively increased as the height of the building, (with the vertical wall height of the building being measured from the existing ground level at the boundary of the adjacent property as shown by Figure 1), increases to: (a) minimise the visual impact of buildings from adjoining properties (b) minimise the overshadowing of adjoining properties. Residential Development Principle 23 Dwellings and residential flat buildings should be set back from the side and rear boundaries in accordance with the following table:

A site visit to the locality revealed many properties contain dwellings and associated structures, like garages or carports, which are either built to one side boundary and approximately 1 metre to the other or, a metre from both side property boundaries. In most cases dwellings are setback approximately 1.0 metre to at least one of the side boundary of their properties. While the dwellings might sit side by side so they appear as a single building, their side setback from the southern and northern property boundary will mimic the prevailing setback characteristic within the locality as no part of the dwellings will be closer than 900 mm to a side boundary. The proposal will complement the setback character of many of the dwellings within the locality. In addition to this, the setbacks will also provide a space that will allow personal access/egress between the front and rear areas of the property. The spaces will be unencumbered by sills, air conditioners, heaters, gutters, down pipes, masonry chimneys, flues and pipes. Water tanks are proposed adjacent to the side boundaries however the space between the water tanks and the side walls of the proposed dwellings will be 1.0 metres which is considered sufficient space for unencumbered passage. The ground floor wall heights are approximately 3.7 metres however sections will form one single plain with their upper storey walls to create a total wall height of 5.3 metres. The remaining upper storey walls will be approximately 3.6 metres from their nearest side boundary. This should help break up the mass of the buildings’ side walls when viewed from adjoining properties. In the instances where the dwelling’s setback will be slightly short of the recommended 2.0 metres, the wall plains will also provide windows, control joints and clear changes in materials. A 1.8 metre high fence will be constructed along the property boundary which will provide privacy to the

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 82 adjoining dwellings as well as obscuring views to parts of the dwellings. The proposed setbacks to the side boundaries are unlikely to result in the visual amenity of the adjoining properties being compromised. The ground level and upper level setback to the side property boundaries do not entirely satisfy the minimum values highlighted in Principle 23, yet the difference are not critical due to the impacts associated with the setbacks being acceptable and the proposed development having setback characteristics similar to those of existing development within the locality. Site area & Frontage The subject land is situated in Policy Area 21 of the Residential Zone. Dwellings constructed within the policy area are encouraged to conform to site areas that are 340 square metres in area and have frontages to a public road not less than 10 metres. The proposed dwellings will be accommodated on sites of approximately 350 square metres in area however the frontage for each dwelling will be approximately 8.3 metres. The form of the future allotments is anticipated as being rectangular in shape, which is consistent with the subdivision patterns within the majority of the locality. Although the frontages fall slightly short of the preferred 10 metre widths, there are dwellings immediately adjacent the subject land (eastern side of Bransby Avenue) that have frontage widths of approximately 9 metres. The proposed development will be constructed on a site that can satisfy the site area expectations and configurations encouraged by the Development Plan, and while the frontages will be less, the locality provides a mixture of existing frontage widths that should ensure the proposed development is complementary to the locality. As such the deficiency in the frontage is considered minor. Appearance of buildings and land The proposed dwellings are reasonably contemporary in terms of both their design and the materials used in their construction. The front elevations will comprise double garages, porches and front doors at ground level while balconies and bedroom walls and windows will form the upper level. The remaining sections of the upper storey will be set well back from the front of the dwelling. The frontage also includes parapets to the porches, part of the garage and the top of the balconies. A variety of materials will also be applied to the front of the dwellings and include a render finish to the columns and bulkheads at the ground floor. The upper storey will comprise matrix cladding to the front and sides of the balconies, and a combination of weatherboard and render to the rest of the walls. The roofs will be constructed from colorbond cladding and in a hipped roof form. To break up the influence of the garages, the applicant has provided each garage with two panel lift doors with glazed inserts. For a subtle variation the inserts will be arranged differently between the garages of the two dwellings, with one comprising vertically arranged inserts, the other horizontal. Design and Appearance Principle 3: Buildings should be designed to reduce their visual bulk and provide visual interest through design elements such as: (a) articulation (b) colour and detailing (c) vertical and horizontal components (d) design and placing of windows (e) variations to facades. The proposed development, although different to other dwellings in the locality, are expected to provide visual interest. The articulation, design and the materials used should make the dwellings attractive. Furthermore the bulk of the dwellings are softened by the deliberate effort to push

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 83 sections of the upper storey form well back from the front elevation which should reduce the mass of the buildings. The Design and Appearance and Residential Development modules of the General Section and Policy Area 21 and Residential Zone of the Development Plan contain policies that provide guidance on the appearance of new dwellings. In the first instance the Policy Area’s character statement encourages:

“This policy area will continue to develop as a residential area of medium density and infill development.

Development will be in keeping with the existing character of the area with buildings that maintain the traditional character through a variety of designs. Appropriately designed modern interpretations of the existing residential character, such as post World War Two and 1950s Tudor style housing, will be encouraged where suitable”.

The contemporary nature of the dwellings, both in terms of appearance and two storey forms will be unlike existing dwellings within the street. This distinct difference should not necessarily prevent the dwellings from complementing the overall character of the locality. As highlighted earlier in the summary of the site and locality, many of the dwellings in the street were constructed in the 1950’s and 1960’s. It is also interesting that recently constructed dwellings immediately across the road appear to replicate late 19th century- early 20th century cottages. These ‘cottage’ like dwellings are at odds with existing built form of the street as they are not modern interpretations of the existing residential character. Nevertheless it is apparent that new infill development is beginning to replace older buildings in the area and instead of attempting to mimic the surrounding dwellings the applicant has endeavoured to make the dwellings distinctly different. The proposed development is respectful to the traditional front and side setback character of existing buildings along Bransby Avenue, which will help the buildings “fall in line” with the older stock. A healthy coverage of existing vegetation both along the street and within the front yards of the adjoining properties should also mitigate the impact of the two storey form, therefore reducing the buildings’ presence with the streetscape to a small part of the street. Finally the bungalow dwelling immediately to the north has a rather high roof ridgeline for a single storey dwelling. This will also help obscure part of the proposed dwelling but more importantly allow the scale of the development to be sympathetic to surrounding built form. In terms of the reducing the dominance of garage doors on a streetscape, Residential Development Principle16 seeks:

"Garages and carports facing the street should not dominate the streetscape and should have a maximum opening width of 6 metres or 50 per cent of the site frontage width, whichever is the lesser."

The design and location of the garage door openings have been articulated to complement the dwellings’ overall appearance. This is facilitated by both the porches and balconies being forward of the garages and glazed inserts being added to the panels of the doors. The applicant has also designed each garage to have two separate openings, each being 2.4 metres wide which helps break up their vertical plains and create a scale that is more balanced with the overall articulation of the dwellings’ front elevations. Although the combined openings will be more than 50% of the site’s frontage width, the effort to mitigate the influence of the garages is sufficient to prevent them dominating the streetscape. On a final note, Design and Appearance Principle 1 encourages:


“The design of a building may be of a contemporary nature and exhibit an innovative style provided the overall form is sympathetic to the scale of development in the locality and with the context of its setting with regard to shape, size, materials and colour”.

The proposed development will satisfy the above principle while also being complementary to existing development within the locality. The dwellings will be compatible with setbacks of other buildings in the locality; contribute positively to the streetscape character and not result in or contribute to a detrimental impact upon the function, appearance or character of the locality. Accordingly the pro9posal warrants the granting of Development Plan Consent. SUMMARY The proposal presents a small number of minor departures from the provisions of the Development Plan, however, these departures are not considered detrimental to the overall proposal. On balance, the proposed development satisfies key expectations of the Plan by providing infill residential development that is both contemporary and complementary to its immediate locality. Accordingly the proposal warrants Development Plan Consent being granted. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, 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. 211/424/2012 by Rivergum Homes to undertake construction of two, two storey detached dwellings with garages under main roof and a 3x3 metre garden shed and demolition of existing dwelling and associated structures at 24 Bransby Avenue, North Plympton (CT 5882/ 954) subject to the following conditions: Council Conditions 1. That the development shall 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. That all Stormwater design and construction shall be in accordance with Australian Standards and recognised engineering best practices to ensure that stormwater does not adversely affect any adjoining property or public road and for this purpose stormwater drainage shall not at any time:- 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. The pump that forms part of the stormwater systems shall be maintained in working order so they may operate when necessary. Any failure of the water pump system shall be repaired promptly.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 85 4. That any retaining walls shall be designed to accepted engineering standards, and not of

timber construction if retaining a difference in ground level exceeding 200mm.

5. That all driveways, parking and manoeuvring areas shall be formed, surfaced with concrete, bitumen or paving, and be properly drained, and shall be maintained to the reasonable satisfaction of Council at all times.

6. The driveways and stormwater connection points to Bransby Avenue shall be off-set no

less than 2.0 metres from any street trees and 1.0 metre from any stobie pole within the street.

7. That any upper level windows of the dwellings on the north, south and west facing

elevations shall 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, prior to occupation of the building. The glazing in these windows shall be maintained at all times to the reasonable satisfaction of Council.

8. 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 14 August 2012 Page 110 6.4 18 Warwick Avenue, KURRALTA PARK Application No. 211/397/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of one (1) detached two-storey dwelling and

two (2) single storey group dwellings with associated garages, driveways and landscaping

APPLICANT Nadia Tugwell of Nadant Consulting APPLICATION NO 211/397/2012 LODGEMENT DATE 24 April 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 22 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

Nil External City Assets - Civil Engineer

ASSESSING OFFICER Zoe Delmenico DEVELOPMENT PLAN VERSION

2 February 2012


BACKGROUND

The application is to be decided by the Development Assessment Panel as the development application includes the construction of three (3) or more dwellings. PREVIOUS or RELATED APPLICATION(S)

• DA 211/123/2012 - Construction of one (1) two-storey dwelling & two (2) single storey group dwellings with associated garages, driveways and landscaping (DPC Refused).


The subject site is regular in shape and is located on the western side of Warwick Avenue, Kurralta Park. It has a frontage width of 18.29 metres to McArthur Avenue and a maximum depth of 49.38 metres, resulting in an overall site area of approximately 903m2. The site is currently occupied by a single storey detached dwelling, garage and ancillary outbuildings. Topographically the site is relatively flat. There are no regulated trees on the site, nor on adjoining properties that may be affected as a result of any proposed development. Vehicle access to the site is currently provided via a single width crossover from the southern end of the site's Warwick Avenue frontage. The existing neighbourhood is characterised by residential uses comprised by an eclectic mix of single and two-storey detached, group, semi-detached dwellings and residential flat buildings with pitched roofs and generally constructed of brick and / or render. It appears that the neighbourhood is undergoing change with the construction of a number of newer developments in the broader locality. The site and locality are shown on the following maps.




It is proposed to construct three (3) dwellings on the site comprising one (1) two storey detached dwelling at the front of the site and two (2) single storey group dwellings to the rear of the site. Each dwelling is provided with a garage under the main roofline. Each dwelling contains three (3) bedrooms and one (1) living area. Dwelling 1 will be provided with a double garage and Dwellings 2 and 3 will be provided with single garages and adequate space for the provision of one (1) uncovered car parking space to the front of each single garage. The garage of Dwelling 1 is set back a sufficient distance to allow for one (1) additional uncovered car parking space within the front setback area of this dwelling. Landscaping is proposed to be provided adjacent to the driveways and within the front setback areas, and can be accommodated within the rear private open space areas of the proposed dwellings. A copy of the proposal is included at Attachment 1. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below:

DEVELOPMENT PLAN

PROVISIONS

STANDARD ASSESSMENT

SITE AREA Residential Zone Policy Area 22 PDC 2

270m²

Dwelling 1 - 286m² Dwelling 2 - 270m2 Dwelling 3 - 270m2 Complies

SITE FRONTAGE Residential Zone Policy Area 22 PDC 2

9m

Dwelling 1 – 11.3m Complies

SITE COVERAGE Residential Zone PDC 30

55%

Dwelling 1 – 41% Dwelling 2 – 48% Dwelling 3 – 48% Complies

STREET SETBACK Residential General PDC 18

Primary Street The same setback as one of the adjacent buildings 9.465m

Primary Street Dwelling 1 – 4.8m Does Not Comply

SIDE/REAR SETBACKS Residential PDC’s 21 & 23

Side Ground Floor - 1m or on the boundary First Floor - 2m Rear 3 metres

Side: Ground Floor - 0.9m Dwelling 3 Does Not Comply First Floor - 3.2m Dwelling 1 Complies Rear: > 3 m Complies

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 115 PRIVATE OPEN SPACE Residential PDC 33

20% Dwelling 1 – 57m2

Dwelling 2 – 54m2

Dwelling 3 – 54m2

Dwelling 1 – 100m2 or 25% Complies Dwelling 2 – 51m2 or 19% Dwelling 3 – 51m2 or 19% Does Not Comply

LANDSCAPING Module: Landscaping, Fences & Walls PDC 4

10%

>10% Complies

CARPARKING SPACES Council Wide Transportation and Access PDC 33

2 car-parking spaces required

Dwelling 1 - 3 provided Dwelling 2 - 2 provided Dwelling 3 - 2 provided Complies

PUBLIC NOTIFICATION

The application is a Category 2 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and the Residential Zone Procedural Matters of the West Torrens Council Development Plan. Properties notified: Seven (7) properties were notified during the public notification

process. Representations: No representations were received.

REFERRALS

Internal • City Assets The application was referred to Council’s City Assets Engineer and Amenity Officer who advised of some concerns in relation to vehicle manoeuvrability, finished floor levels and verge interaction. The applicant has addressed these concerns in the plans being considered by the Development Assessment Panel (DAP). A full copy of the relevant referral responses are attached in Attachment 2.


The subject land is located within the Residential Zone and more particularly Residential Policy Area 22 as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Crime Prevention Objectives 1

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10

Design and Appearance

Objectives 2

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 & 20

Energy Efficiency Objectives 1 & 2 Principles of Development Control 1, 2, 3 & 4

Hazards

Objectives 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12

Infrastructure Objectives 1, 2, 3, 4 & 5


Land Division

Objectives 1, 2, 3 & 4

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 & 21


Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4, 5 & 6


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 2, 3, 4, 5, 6, 7 & 8


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 & 56

Transportation and Access


11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 & 41

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 & 18

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 117 Zone: Residential Zone Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 1,2,3 and 4 Principles of Development Control 1, 3, 5, 6, 7 and 8 Policy Area: Residential Policy Area 22 Desired Character Statement: "This policy area has the greatest potential for redevelopment and increased housing densities due to the close proximity of the majority of housing to centre and public transport, and the range of larger allotments which will be suitable for future subdivision and redevelopment. New development will enhance the existing character of area which is characterized by a variety of housing types ranging from the 1920s to the 1970s. Interface issues between residential and commercial, industrial and arterial roads will be managed sensitively, and will not compromise the historical character of the area". Objectives 1 Principles of Development Control 1, 2 and 3 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Street Setbacks The proposed front setback of Dwelling 1 of between 4.8 metres to 6.03 metres (in lieu of 9.47 metres) is considered acceptable in this instance as it is consistent with the setbacks of existing buildings within the street which vary between approximately 4.5 metres and 13 metres within the broader locality to the north and south of the site within Warwick Avenue. The proposed setback will ensure that the development sits comfortably within the streetscape as a whole, and makes efficient use of the site in addition to continuing to enable the provision of adequate car parking, vehicle manoeuvrability and landscaping.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 118 Side and Setbacks The proposed minimum side setback of Dwelling 3 is 900mm (in lieu of 1 metre as suggested by Principles of Development Control 21 and 23). This reduced setback is considered appropriate in this instance given the low scale of the proposed development, that this departure is extremely minor and typical of side setbacks in the vicinity of the site. Additionally, the proposed setback should not result in any unreasonable visual bulk or overshadowing of existing adjoining private open space or north-facing habitable room windows. Private Open Space The minor variation to the private open space of Dwellings 2 and 3 of 1% is considered to be negligible, as these dwellings are provided with adequate private open space with a northerly orientation which is directly accessible from a living area, and is of adequate dimensions and size to ensure that it is functional for the likely needs of future occupants of these dwellings. Although the primary private open space area of Dwelling 1 has a dimension of 4 metres (in lieu of 5 metres as suggested by PDC 33 of the Development Plan), this area is of high amenity being entirely orientated to the north and results in an area of greater than 10% of its site having a dimension greater than 2.5 metres (ie: 4 metres). This, together with the additional areas of private open space to the east and south provided for this dwelling, ensures that this dwelling is provided with suitable private open space of a sufficient area and shape to be functional, cater for the likely needs of, and provide adequate amenity for future occupants of this dwelling and is therefore considered appropriate in this instance. SUMMARY The proposed development is considered appropriate for the site as evidenced by: • The design and siting of the proposed development is considered to be compatible with the

surrounding area; • The proposal should not have a detrimental impact on surrounding properties and should

provide for a reasonable level of amenity for future residents; and, • The proposal generally satisfies the requirements of the West Torrens Council Development

Plan.

Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance, and subject to the inclusion of suitable conditions, the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February, 2012 and warrants Development Plan Consent.


The Development Assessment Panel, having considered all aspects of the report, 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. 211/397/2012 by Nadia Tugwell of Nadant Consulting to undertake the construction of one (1) detached two-storey dwelling and two (2) single storey group dwellings with associated garages, driveways and landscaping at 18 Warwick Avenue, Kurralta Park (CT 5817/805) subject to the following conditions: Council Conditions 1. That the development shall be undertaken and completed in accordance with the plans

and information detailed in this application except where varied by any conditions listed below.

2. That all stormwater design and construction shall be in accordance with Australian

Standards and recognised engineering best practices to ensure that stormwater does not adversely affect any adjoining property or public road and for this purpose stormwater drainage shall not at any time:- 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. The rainwater tanks associated with Dwellings 2 and 3 relocated to another suitable

location to enable an unencumbered corridor to the north of Dwelling 2 and the south of Dwelling 3.

4. That all driveways, parking and manoeuvring areas shall be formed, surfaced with

concrete, bitumen or paving, and be properly drained, and shall be maintained in reasonable condition at all times.

5. That all landscaping shall be planted in accordance with the approved plans prior to the

occupancy of the development. Any person(s) who have the benefit of this approval shall cultivate, tend and nurture the landscaping, and shall replace any landscaping which may become diseased or die.

6. That the upper level north and south-facing windows of Dwelling 1 shall 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, prior to occupation of the building. The glazing in these windows shall to be maintained in reasonable condition at all times.


• 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 14 August 2012 Page 146 6.5 449 Henley Beach Road, Lockleys Application No. 211/700/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Create one (1) additional Torrens Title allotment APPLICANT S. Geraghty APPLICATION NO 211/700/2012 LODGEMENT DATE 10 July 2012 ZONE Residential POLICY AREA 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 ASSESSING OFFICER Leon Jaworski DEVELOPMENT PLAN VERSION

2 February 2012

MEETING DATE 14 August 2012 RECOMMENDATION REFUSE

PREVIOUS or RELATED APPLICATIONS Nil SITE AND LOCALITY

The subject site is located on the south side of Henley Beach Road between Willingale and Strathmore Avenues. It is the second allotment to the west from the corner of Henley Beach Road and Willingale Avenue. The site has an 18.9m frontage with a depth of 45.72m which gives a site area of 864.1m². There is currently a single storey detached dwelling on the existing allotment. For the purposes of this assessment, the locality is considered to be the area on both sides of Henley Beach Road from Torrens Avenue (which is north east of the subject site) to Strathmore Avenue (which is to the west of the subject site). With one exception, the allotments in the nominated locality with a frontage to Henley Beach Road generally range from 15m to 44 metres in width. That exception is 444 Henley Beach Road which has two dwellings with frontages of 10m and 7m respectively and a common driveway width of 10m. This site was granted Development Approval prior to Council amalgamation in 1997. A locality map and aerial photograph of the subject site is included below.




The proposal is to create one additional Torrens Title allotment at 449 Henley Beach Road. Each allotment would have a frontage of 9.45 metres, a depth of 45.72 metres and a site area of 432m². The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below. A copy of the Plan of the Land Division is included in Attachment 1. DEVELOPMENT PLAN PROVISIONS

STANDARD

Allotment 63

Allotment 64

SITE AREA General section Land Division PDC 10.

An allotment measuring between 300- 449 m² capable of containing for a building measuring 9 metres by 15 metres which can be set back at least: (a) 5.5m from the street boundary. (b) 6 metres from the rear boundary.

Complies

Complies

PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 of the Development Act 1993 and Schedule 9 of the Development Regulations 2008 and the Procedural Matters for the Residential Zone in the Development Plan. REFERRALS

The Development Assessment Commission has referred the application to SA Water and DPTI on behalf of Council and in accordance with the requirements of Section 33(1) (c) of the Development Act 1993 and Regulation 29 of the Development Regulations 2008. To date, only SA Water has responded regarding the site. Their proposed planning conditions are included in Attachment 2. ASSESSMENT

The subject land is located within Policy Area 20 in the Residential Zone as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Land Division Objectives 2 & 4 Principles of Development Control 5, 6, 8, 10, 16 & 20.


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 3, 4, & 5

Residential Development Objectives 2 & 3. Principles of Development Control 1, 3, 7, 23, 24, 25, 26 & 46

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 150 Zone: Residential Desired Character Statement: This zone will accommodate a range of dwelling types. Residential; development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use. Objectives 1. A residential zone comprising a range of dwelling types, including a

minimum of 15 per cent affordable housing. 2. Dwellings of various types of low to medium densities at one to three

stories in height. 3. Increased dwelling densities in close proximity to centres, public transport

routes and public open spaces. 4. Development that contributes to the desired character of the zone.

Principles of Development Control

6. Development should not be undertaken unless it is consistent with the desired character for the zone.

Policy Area: 20 Desired Character Statement: The policy area is characterised by well maintained single storey detached dwellings on large allotments, set well back from the street. The policy area is reasonably homogeneous and is mainly comprised of detached dwellings. This policy area is home to newer subdivisions and n housing development. Many dwellings have characteristic verandahs, porches and entry doors facing the street. Development will maintain and complement the character and built form of the existing streetscape." Objectives 1. Development that contributes to the desired

character of the policy area.

Principles of Development Control 1. Development should not be undertaken unless it is consistent with the desired character for the policy area.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 151 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Site Area, Frontage and Visual Impact on the Streetscape The principal consideration in this instance is whether the proposed land division is consistent with the desired character of the locality. The application is consistent with the general site requirements described in Principle of Development Control 10 (PDC 10) in the Land Division module in the General Section of the Development Plan. That is, the two proposed allotments can each contain a building measuring 9 metres by 15 metres with a 5.5 metre front setback and a 6 metre rear setback. It is however not consistent with the more specific requirements in the Principles of Development Control for the Residential Zone and the Residential Policy Area 20 provisions, and it is the these latter provisions which shift the balance in the assessment of this development application. The Desired Character Statement for the Policy Area makes reference to large allotments. Large in a planning context is relative to the locality. In the current streetscape, the 30 - 40 metre wide frontages are large compared to the existing 18.9m frontage of the subject site, therefore the proposed 9.45m frontages would make a significant impact on the streetscape character. Should the land division be approved, there would be an implicit expectation that dwellings may be constructed on the two allotments resulting in dwellings that will directly contravene Policy Area 20, Principle of Development Control 2 which requires dwelling to be built on allotments with a minimum width of 12.0m. SUMMARY The proposed widths of the two allotments are out of character with the pattern of frontages in the locality. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to not be seriously at variance with the Development Plan, not withstanding this, on balance the proposed development does not sufficiently accord with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February 2012 and does not warrant Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves to REFUSE Development Plan Consent for Application No. 211/700/2012 by S. Geragthy to create one (1) additional allotment at 449 Henley Beach Road, Lockleys (CT 5744/826) for the following reasons. Reasons for Refusal 1. The proposed development is contrary to:

Objective 4 of the Residential Zone Reason: That the proposed allotments do not contribute to the desired character of

the zone. Objective 1 of Residential Policy Area 20 Reason: That the proposed development is not of a nature that contributes to the

desired character of the policy area


Principle of Development Control 6 of the Residential Zone Reason: That development should not be undertaken unless it is consistent with the

desired character for the zone. Principle 1 in Residential Policy Area 20 Reason: That development should not be undertaken unless it is consistent with the

desired character of the policy area.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 155 6.6 19 Ruthven Avenue, GLANDORE (CT) Application No. 211/632/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Land Division - Community Title DAC No. 211/C063/12,

Create two (2) additional allotments APPLICANT Jack Panagiotou APPLICATION NO 211/632/2012 LODGEMENT DATE 20 June 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 22 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal

Nil External DAC and SA Water

ASSESSING OFFICER Jasmine Walters DEVELOPMENT PLAN VERSION

2 February 2012


BACKGROUND

This application was lodged on 20 June 2012 for a Community Title Land Division creating two (2) additional allotments. As the proposal will result in the creation of more than one (1) allotment, the application is presented to the Development Assessment Panel for its consideration. PREVIOUS or RELATED APPLICATION(S)

• DA 211/955/2010 Residential flat building consisting of two (2) x two storey dwellings and garage in association with existing dwelling. (DPC Granted).

• DA 211/631/2012 Torrens Title Land Division, DAC No. 211/D062/12, Create two (2) additional allotments.


The subject site comprises a rectangular allotment with a frontage of approximately 17.02 metres to Ruthven Avenue and a site depth of approximately 65.13 metres. The site has a total area of approximately 1120 square metres. The site currently accommodates a single storey detached dwelling constructed in 1926 and three (3) ancillary outbuildings. The subject site is located within the Residential Zone and more particularly Residential Policy Area 22. The site is located approximately 270 metres from main arterial South Road and approximately 230 metres from the commercial activities located along ANZAC Highway. The locality consists mostly of residential dwellings with feature verandahs or porches constructed circa 1920 and associated landscaping including semi-mature and mature trees. There is however, some presence of dwelling additions and ancillary structures which were not constructed during the same era as the associated dwellings. Notwithstanding there is some evidence of infill development within the locality (i.e. 13 & 13A Ruthven Avenue, 4 Ruthven Avenue, 1 Waymouth Avenue and 11 Wellington Street). The site and locality are shown on the following maps.



DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 159 PROPOSAL The proposal is for a Community Title Land Division creating two (2) community allotments with a common property driveway off Ruthven Avenue. A copy of the proposal is contained in Attachment 1. PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and the Residential Zone Procedural Matters of the West Torrens Council Development Plan. ASSESSMENT


Infrastructure Objectives 1, 3 & 4 Principles of Development Control 1, 2, 3 & 5

Land Division Objectives 1, 2, 3 & 4 Principles of Development Control 1, 2, 4, 5, 6, 7, 8, 12, & 20


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 3, 5, 6 & 7

Zone: Residential Zone Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 3 & 4 Principles of Development Control 2, 3 & 6

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 160 Policy Area: Residential Policy Area 22 Desired Character Statement: "This policy area has the greatest potential for redevelopment and increased housing densities due to the close proximity of the majority of housing to centre and public transport, and the range of larger allotments which will be suitable for future subdivision and redevelopment. New development will enhance the existing character of area which is characterized by a variety of housing types ranging from the 1920s to the 1970s. Interface issues between residential and commercial, industrial and arterial roads will be managed sensitively, and will not compromise the historical character of the area". Objectives 1 Principles of Development Control 1 & 2 Discussion The dimensions of the land division application are consistent with the land use application (Development Application No. 211/955/2010) for the construction of a residential flat building consisting of two (2) x two storey dwellings and a garage associated with the existing dwelling. The land use application was granted Development Plan Consent on 29 March 2011 and a subsequent extension of time was granted to the applicant to obtain Development Approval by 29 March 2013. A copy of the approved land use plan is attached, refer Attachment 2. At the time the above consent was granted all Objectives and Principles of Development Control of the then West Torrens (City) Development Plan Consolidated 12 June 2010 were considered and the proposal was deemed to be sufficiently in accordance with the relevant provisions. The current application is being considered against the West Torrens Council Development Plan Consolidated 2 February 2012. The most notable changes are the conversion to the Better Development Plan (BDP) format and the exclusion of the driveway 'handle' from the allotment site area. In this instance the exclusion of the 'handle' would not prevent the proposed allotments from meeting the minimum site area of 270 square metres as recommended by Residential Policy Area 22 Principle of Development Control 2. SUMMARY Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February 2012 and warrants Development Plan Consent.


The Development Assessment Panel, having considered all aspects of the report, 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. 211/632/2012 by Jack Panagiotou to undertake Land Division - Community Title DAC No. 211/C063/12, create two (2) additional allotments at 19 Ruthven Avenue, Glandore (CT 5633/884) subject to the following conditions: DEVLEOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared by Benchmark

Property Services relating to Development Application No. 211/632/2012 (DAC 211/C063/12).

DEVELOPMENT ASSESSMENT CONDITIONS: Nil LAND DIVISION CONSENT COUNCIL CONDITIONS: 1. That prior to the issue of Section 51 Clearance to this division approved herein, the existing

outbuilding shall be removed from proposed Allotment(s) 1 and 2 and from the Common Property.

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 2. That the financial requirements of the SA Water Corporation shall be met for the provision

of water supply and sewerage services (SA Water 03219/12).

The developer must inform potential purchasers of the community lots of the servicing arrangements and seek written agreement prior to settlement, as future alterations would be at full cost to the owner/applicant.

3. Payment of $6150.00 into the Planning and Development Fund (1 allotment(s) @

$6150.00/allotment). Cheques to be made payable and marked “NOT NEGOTIABLE” to the Development Assessment Commission and payment made on the 5th Floor, Roma Mitchell House, 136 North Terrace, Adelaide, or sent to GPO Box 1815, Adelaide, or via the internet at www.planning.sa.gov.au.

4. Two copies of a certified survey plan being lodged with the Development Assessment

Commission for Certificate purposes.

http://www.planning.sa.gov.au/

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 166 6.7 19 Ruthven Avenue, GLANDORE (TT) Application No. 211/631/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Land Division - Torrens Title DAC No. 211/D062/2012,

create two (2) additional allotments APPLICANT Jack Panagiotou APPLICATION NO 211/631/2012 LODGEMENT DATE 20 June 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 22 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal

Nil External DAC and SA Water


2 February 2012


BACKGROUND

This application was lodged on 20 June 2012 for a Torrens Title Land Division creating two (2) additional allotments. As the proposal will result in the creation of more than one (1) allotment, the application is presented to the Development Assessment Panel for its consideration. PREVIOUS or RELATED APPLICATION(S)

• DA 211/955/2010 Residential flat building consisting of two (2) x two storey dwellings and garage in association with existing dwelling (DPC Granted).

• DA 211/632/2012 Community Title Land Division, DAC No. 211/C063/12, Create two (2) additional allotments.


The subject site comprises a rectangular allotment with a frontage of approximately 17.02 metres to Ruthven Avenue and a site depth of approximately 65.13 metres. The site has a total area of approximately 1120 square metres. The site currently accommodates a single storey detached dwelling constructed in 1926 and three (3) ancillary outbuildings. The subject site is located within the Residential Zone and more particularly Residential Policy Area 22. The site is located approximately 270 metres from main arterial South Road and approximately 230 metres from the commercial activities located along ANZAC Highway. The locality consists mostly of residential dwellings with feature verandahs or porches constructed circa 1920 and associated landscaping including semi-mature and mature trees. There is however, some presence of dwelling additions and ancillary structures which were not constructed during the same era as the associated dwellings. Notwithstanding there is some evidence of infill development within the locality (i.e. 13 & 13A Ruthven Avenue, 4 Ruthven Avenue, 1 Waymouth Avenue and 11 Wellington Street). The site and locality are shown on the following maps.




The proposal is for a Torrens Title Land Division creating two (2) allotments, a Right of Way providing access to all parking areas, and a nominated party wall. A copy of the proposal is contained in Attachment 1. ASSESSMENT


Infrastructure Objectives 1, 3 & 4 Principles of Development Control 1, 2, 3 & 5

Land Division Objectives 1, 2, 3 & 4 Principles of Development Control 1, 2, 4, 5, 6, 7, 8, 12, & 20


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 3, 5, 6 & 7

Zone: Residential Zone Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 3 & 4 Principles of Development Control 2, 3 & 6

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 171 Policy Area: Residential Policy Area 22 Desired Character Statement: "This policy area has the greatest potential for redevelopment and increased housing densities due to the close proximity of the majority of housing to centre and public transport, and the range of larger allotments which will be suitable for future subdivision and redevelopment. New development will enhance the existing character of area which is characterized by a variety of housing types ranging from the 1920s to the 1970s. Interface issues between residential and commercial, industrial and arterial roads will be managed sensitively, and will not compromise the historical character of the area". Objectives 1 Principles of Development Control 1 & 2 Discussion The dimensions of the land division application are consistent with the land use application (Development Application No. 211/955/2010) for the construction of a residential flat building consisting of two (2) x two storey dwellings and a garage associated with the existing dwelling. The land use application was granted Development Plan Consent on 29 March 2011 and a subsequent extension of time was granted to the applicant to obtain Development Approval by 29 March 2013. A copy of the approved land use plan is attached, refer Attachment 2. At the time the above consent was granted all Objectives and Principles of Development Control of the then West Torrens (City) Development Plan Consolidated 12 June 2010 were considered and the proposal was deemed to be sufficiently in accordance with the relevant provisions. The current application is being considered against the West Torrens Council Development Plan Consolidated 2 February 2012. The most notable changes are the conversion to the Better Development Plan (BDP) format and the exclusion of the driveway 'handle' from the allotment site area. In this instance the exclusion of the 'handle' would not prevent the proposed allotments from meeting the minimum site area of 270 square metres as recommended by Residential Policy Area 22 Principle of Development Control 2. SUMMARY Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February 2012 and warrants Development Plan Consent.


The Development Assessment Panel, having considered all aspects of the report, 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. 211/631/2012 by Jack Panagiotou to undertake Torrens Title Land Division, DAC No. 211/D062/2012, create two (2) additional allotments at 19 Ruthven Avenue, Glandore (CT 5633/884) subject to the following conditions: DEVELOPMENT PLAN CONSENT COUNCIL CONDITIONS: 1. Development is to take place in accordance with the plans prepared by Benchmark

Property Services relating to Development Application No. 211/632/2012 (DAC 211/C063/12).

DEVELOPMENT ASSESSMENT CONDITIONS: Nil LAND DIVISION CONSENT COUNCIL CONDITIONS: 1. That prior to the issue of Section 51 Clearance to this division approved herein, the existing

outbuilding shall be removed from proposed Allotment(s) 1 and 2 and from the Common Property.

DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS: 2. That the financial requirements of the SA Water Corporation shall be met for the provision

of water supply and sewerage services (SA Water 03219/12).

The alteration of internal drains to the satisfaction of SA Water is required. 3. Payment of $6150.00 into the Planning and Development Fund (1 allotment(s) @

$6150.00/allotment). Cheques to be made payable and marked “NOT NEGOTIABLE” to the Development Assessment Commission and payment made on the 5th Floor, Roma Mitchell House, 136 North Terrace, Adelaide, or sent to GPO Box 1815, Adelaide, or via the internet at www.planning.sa.gov.au.

4. Two copies of a certified survey plan being lodged with the Development Assessment


http://www.planning.sa.gov.au/

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 177 6.8 4 Basnett Street, Kurralta Park Application No. 211/625/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Land Division - Community Title

DAC No- 211/C061/12 Create Two (2) Additional Allotments

APPLICANT John Pandelis APPLICATION NO 211/625/2012 LODGEMENT DATE 19 June 2012 ZONE Residential POLICY AREA 22 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal

Nil External Development Assessment Commission SA Water

ASSESSING OFFICER Jessica Grima DEVELOPMENT PLAN VERSION

2 February 2012


BACKGROUND

Three single storey group dwellings, two of which have an attic within the roof space. These were established on the land in 1992. PREVIOUS or RELATED APPLICATION(S) DA 211/920176/1992 - Two (2) Dwellings to Rear


The subject rectangular shaped land has a total frontage of approximately 18.29 metres to Basnett Street and a depth of approximately 50.29 metres. The overall site area is approximately 919.8 square metres. The subject land is located on the southern side of Basnett Street between Beauchamp Street and South Road. The locality is predominantly comprised of residential land uses however to the south east of the subject site and South Road there is the Commercial Zone Precinct 3 Intersection which includes uses such as a warehouse and a veterinary clinic. There are a number of examples of residential group dwellings and flat buildings within the locality, however the majority of residential land uses is dominated by detached dwellings situated on relatively large allotments. The site and locality are shown on the following maps.




The proposal is for a Community Title Land Division Creating three (3) allotments and common property for vehicle access and manoeuvrability. Allotment 1 fronts Basnett Street and the remainder front the common property. Full details of the proposal are enclosed within Attachment 1. PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 and Schedule 9 of the Development Act 1993 and Regulations 2008. REFERRALS A standard referral was made to the SA Water and the Development Assessment Commission. Comments were received from SA water on 26 June 2012 and from the Development Assessment Commission on 3 July 2012. See Attachment 2 to view a full copy of the referral comments. ASSESSMENT

On 7 July 1992 approval was granted for the construction of the two group dwellings to the rear of the land. Complete construction of the dwellings has been undertaken and the dwellings have been existent for numerous years. At the time of construction the driveway width of the common area at the street boundary, comprising the driveway and bin enclosure were not carried out in accordance with the approved plans. Therefore the width of the common property to the private yard of Allotment 1 is 10.59 metres instead of the approved 9.59 metres. The boundaries of the allotments shown on the survey plans as part of this proposal accurately reflect what is currently built on the subject site. At the time the approvals were then granted for the land use all Objectives and Principles of Development Control of the West Torrens (City) Development Plan were considered and the proposal was deemed to be sufficiently in accordance with the relevant provisions. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Infrastructure Objectives 1 &5 Principles of Development Control 1, 2, 3, 4 & 5

Land division Objectives 1 , 2, 3 & 4 Principles of Development Control 1, 2, 5, 6, 7, 8, 16 & 20


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1 & 3

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 182 Zone: Residential

Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 4 Principles of Development Control 6 (Form and Character) Policy Area: Residential Policy Area 22 Desired Character Statement: "This policy area has the greatest potential for redevelopment and increased housing densities due to the close proximity of the majority of housing to centre and public transport, and the range of larger allotments which will be suitable for future subdivision and redevelopment. New development will enhance the existing character of area which is characterised by a variety of housing types ranging from the 1920s to the 1970s. Interface issues between residential and commercial, industrial and arterial roads will be managed sensitively, and will not compromise the historical character of the area". Objectives 1 Principles of Development Control 1 & 2 (Form and Character)

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 183 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Land Size The proposed allotment sizes do not meet the current recommended minimum size of 270 square metres in accordance with Residential Policy Area, Principle of Development Control 2 (Form and Character). However, the development exists and it demonstrates that the size and shape of the allotments can support the intended land use for the Zone and Policy Area (General Section - Land Division Objective 2 and Principle of Development Control 2(a) and 5). Despite the fact that the handle is greater than 35 metres long, suitable access and parking is provided on site as the width of the driveway and crossover will allow for adequate manoeuvrability in and out of the site (General Section - Land Division Principle of Development Control 7). Furthermore the proposed allotments will maintain the parking spaces currently provided on site for each dwelling and due to the location of the subject site along a residential street adequate on street parking can be provided in accordance with General Section - Land Division Principle of Development Control 16. SUMMARY Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. The proposed allotments are able to support the intended use of the site, for residential development, and although the front boundary measurements do not match the boundaries approved in the land use application the proposed allotment boundaries reflect what is currently built on the site. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, 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. 211/625/2012 by John Pandelis to undertake Land Division - Community Title DAC No- 211/C061/12, Create Two (2) Additional Allotments at 4 Basnett Street, Kurralta Park (CT 5284/876) subject to the following conditions: DEVELOPMENT PLAN CONSENT Council Conditions: 1. Development is to take place in accordance with the plans prepared by Zaina Stacey

Development Consultants relating to Development Application No. 211/625/12 (DAC 211/C061/12).

Development Assessment Commission Conditions: Nil

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 184 LAND DIVISION CONSENT Council Conditions: Nil Development Assessment Commission Conditions: 1. Payment of $12300.00 into the Planning and Development Fund (2 allotment(s) @

$6150.00/allotment). Cheques to be made payable and marked “NOT NEGOTIABLE” to the Development Assessment Commission and payment made on the 5th Floor, Roma Mitchell House, 136 North Terrace, Adelaide, or sent to GPO Box 1815, Adelaide, or via the internet at www.edala.sa.gov.au.

2. Two copies of a certified survey plans being lodged with the Development Assessment


http://www.edala.sa.gov.au/

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 188 6.9 4 Hare Street, KURRALTA PARK Application No. 211/425/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Demolition of an existing dwelling and ancillary structures

and construction of a residential flat building containing four (4) dwellings.

APPLICANT John Lentakis APPLICATION NO 211/425/2012 LODGEMENT DATE 2 May 2012 ZONE Neighbourhood Centre Zone POLICY AREA Tennyson Street Policy Area 18 APPLICATION TYPE Non-Complying PUBLIC NOTIFICATION Category 3 REFERRALS Internal

City Assets - Civil Engineer & Technical Officer Amenity

External Nil


2 February 2012

MEETING DATE 14 August 2012 RECOMMENDATION CONSENT subject to CONCURRENCE

BACKGROUND

This application was lodged with Council on 2 May 2012. The Non-Complying Development section of the Neighbourhood Centre Zone Procedural Matters lists a residential flat building as ‘non-complying’ except where it is located above non-residential development. As the proposal exceeds these criteria a non-complying assessment process has been applied to the application. Administration resolved under delegation to proceed with an assessment of the proposal. The application is now presented to the Panel for a decision in accordance with Section 20 of the Development Act 1993. PREVIOUS or RELATED APPLICATION(S) Nil


The subject site is a rectangular shaped allotment with a site area of approximately 702.8 square metres. The site has a frontage to Hare Street of approximately 19.51 metres and a site depth of approximately 36 metres. The site consists of a single storey detached dwelling, attached verandah and an outbuilding which will require demolition to accommodate the subject development. The subject site adjoins a two storey residential flat building containing six (6) flats to the east and a two storey residential flat building containing (6) flats to the west. The Tennyson Medical Centre abuts the rear boundary and is mostly screened by existing fencing of approximately 4 to 5 metres in height. The subject land is located within the Neighbourhood Centre Zone and more particularly Tennyson Street Policy Area 18. The Residential Zone adjoins the subject site on the north and west site boundaries and is also located approximately 95 metres east of the subject site. The Commercial Zone is located adjacent the subject site. The subject site is located on the southern side of Hare Street approximately 80 metres west of South Road. Upon entering Hare Street from South Road, the commercial uses are prominent with Lawrence & Hanson Electrical Wholesaler located to the immediate left and the Big Bucket Carwash located to the immediate right and followed by the Hare Street Uniting Church. However, Hare Street quickly assumes a residential feel with higher density residential flat buildings located to the south and single storey detached dwellings located to the north. The residential character is enhanced by the presence of semi-mature to mature street trees and landscaping, pedestrian walkways and domestic fencing. The locality consists of a variety of land uses, with the Tennyson Medical Centre being most prominent. There are a variety of commercial land uses facing South Road and residential properties abutting these commercial premises. The site and locality are shown on the following maps.




The applicant seeks approval for the demolition of the existing single storey detached dwelling and ancillary verandah and outbuilding and the construction of a two-storey residential flat building comprising four (4) dwellings and associated car parking, carports, landscaping and fencing. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below: DEVELOPMENT PLAN PROVISIONS

STANDARD DWELLING 1 - 4

SITE AREA

Not specified

175.7m² each

SITE COVERAGE Residential Development PDC 30

Maximum 45%

Avg. 48.8% Does Not Comply

STREET SETBACK Residential Development PDC 18

The same as one of the adjacent buildings. (Approx 6.8m)

4.1m Does Not Comply

SIDE/REAR SETBACKS Residential Development PDC 23

Side: 1m for wall height of 3m or less. 2m for wall height between 3 and 6 metres.

0m (ground & upper floor) Does Not Comply

Rear: 3m for single storey components. 8 metres for two storey components.

5.1m (ground floor) 12.1m (upper floor) Complies

PRIVATE OPEN SPACE Residential Development PDC 33

Minimum 35m²

Avg. 42.5m² Complies


Minimum 10%

5.5% Does Not Comply

CARPARKING SPACES Transportation and Access PDC 33

2 car-parking spaces (1 x covered) per dwelling + an additional 0.25 spaces per dwelling

2 x covered spaces each provided Partially Complies

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 193 NON-COMPLYING The application is a non-complying form of development, as a dwelling (except where located above a non-residential development) is listed in the Non-Complying Development section of the Neighbourhood Centre Zone Procedural Matters of the Development Plan. The applicant has provided a Statement of Effect pursuant to Regulation 17 of the Development Regulations 2008, refer Attachment 2. Should the Panel resolve to approve the application, the concurrence of the Development Assessment Commission is required. Alternatively, should the Panel refuse the application, no appeal rights are afforded to the applicant. Administration resolved, under delegation to proceed with an assessment of the proposal. The application is now presented for a decision. PUBLIC NOTIFICATION

The application is a Category 3 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and the Procedural Matters of the Neighbourhood Centre Zone in the West Torrens Council Development Plan. Properties notified: Thirty five (35) properties were notified during the public

notification process and an advertisement was place in 'The Advertiser' on 19 June 2012.

Representations: No representations were received.

REFERRALS

Internal City Assets - Technical Officer Amenity Council's Technical Officer Amenity provided comments with regards to the Regulated Tree located in the north east corner of the adjoining property known as 6 Hare Street. As the proposed development is outside of the Structural Root Zone of the tree, it is considered that no tree damaging activity will occur as a result of the proposed development. City Assets - Civil Engineer The following concerns remain outstanding; • Finished floor level – survey details have been provided by the applicant and an appropriate

finished floor level (22.45) has been nominated by Council’s City Assets Department. Although the proposed finished floor level does not appear on the plans provided it is recommended that a suitable condition upon approval would resolve this matter.

• Verge Interaction and application for street tree removal – these matters exist outside of the site of development and should be more appropriately dealt with at the time of application for a stormwater connection and removal of the street tree.

A full copy of the relevant reports are attached, refer Attachment 3.


The subject land is located within the Neighbourhood Centre Zone and more particularly Tennyson Street Policy Area 18 as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Crime Prevention Objectives 1 Principles of Development Control 1, 2, 3, 6, 7 & 8

Design and Appearance Objectives 1


Energy Efficiency Objectives 1 & 2 Principles of Development Control 1, 2 & 3

Hazards Objectives 4 Principles of Development Control 2, 4, 5 & 7

Infrastructure Objectives 1, 3 & 5 Principles of Development Control 1, 2, 3, 4, 5 & 9

Interface between Land Uses Objectives 1 & 2 Principles of Development Control 2, 5 & 6


Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4 & 6


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 3 & 5


Objectives 1, 2 & 3 Principles of Development Control 1, 3, 5, 7, 9, 10, 11, 12, 13,

14, 15, 18, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 44, 45, 46, 47, 48 & 49

Siting and Visibility Objectives 1 Principles of Development Control 2, 4, 5 & 8


Objectives 2 Principles of Development Control 1, 5, 8, 10, 13, 23, 24, 26,

28, 29, 33, 34, 35, 36, 39, 40 & 41

Zone: Neighbourhood Centre Zone Objectives 3 Principles of Development Control 3 & 4

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 195 Policy Area: Tennyson Street Policy Area 18 Desired Character Statement: "This policy area will function as a neighbourhood centre providing a range of services and facilities to cater for the daily and weekly needs of the surrounding population. The centre will have an emphasis on retailing with a range of other services and facilities appropriate to a neighbourhood centre. It is intended that total gross leasable retail floor space (excluding bulky goods outlet floor space) be limited to 2500 square metres in the centre. Such a limit reflects its neighbourhood centre function, its proximity to the Kurralta Park Policy Area 7 of the District Centre Zone and its proximity to a local centre. Development will face onto and have a consistent setback from South Road with car parking areas provided to the rear of buildings. Access will be in accordance with the Concept Plan Map WeTo/27 - Tennyson Street Neighbourhood Centre. Off street parking areas within the centre zone will be linked to avoid the use of public roads for circulation. Landscaping will be provided along the South Road property boundary and along the interface of the zone with adjoining residential areas. Re-development of this centre will ensure that the interface between the centre and residential areas is sensitively treated and potential adverse impacts associated with the centre are minimised". Objectives 1 Principles of Development Control 3 & 4 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Land Use and Zoning The subject site is located within the Neighbourhood Centre Zone, however the existing site use is residential in nature. It is noted that the site is located on the edge of the Neighbourhood Centre Zone sharing 50% of its boundary with the Residential Zone. The subject site adjoins a two storey residential flat building containing six (6) flats to the east and a two storey residential flat building containing six (6) flats to the west. Adjacent the subject site there are four (4) residential uses adjacent the subject site, one (1) community use and one (1) commercial use. The Tennyson Centre is located directly to the rear of the subject site. Hence whilst the proposal is adverse to the zoning provisions of the Development Plan, it is not out of character with the locality. Potential conflicts between the proposed residential use and existing commercial uses are minimized by the fact that the commercial uses have a frontage to South Road and most pedestrian and vehicular movement is limited to South Road. The Tennyson Medical Centre car park directly abuts the subject site however potential impacts of noise and light spill are minimized by the existing rear boundary fence of approximately 4 to 5 metres in height. In addition, the proposed residential flat building will be setback approximately 12 metres from the rear site boundary by the area which will be utilized for car parking and vehicle manouevrability. Given that the majority of commercial activity is focused towards South Road, 50% of the subject site adjoins the Residential Zone, and only 18% of the site borders commercial uses and is screened by the existing fencing, it is considered that the potential for land use conflict is adequately minimized.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 196 As previously detailed the locality consists mostly of residential development with commercial uses typically facing South Road. The subject site itself is residential as well as the adjoining properties on either side. Given the economic feasibility of redeveloping the adjoining allotments, particularly the eastern site as it too is located within the Neighbourhood Centre Zone, and the typical lifespan of a building it is unlikely that the surrounding residential allotments will be redeveloped to commercial premises within the next 10 – 15 years. Similarly it is unlikely at this point, given that the Tennyson Centre is relatively new, that expansion of this site is envisaged. In consideration of the above it appears that the Development Plan is somewhat ambiguous in that the zoning does not reflect the character of the locality which is reinforced by the desired character of the policy area which emphasizes that development will front South Road. Setbacks and Boundary Walls General Section, Residential Development Principle of Development Control 18 states: "Except where specified in a particular zone, policy area or precinct, development (including any veranda, porch, etc) should be set back from the primary road frontage in accordance with the following table: Setback difference between buildings on adjacent allotments

Setback of new building

Up to 2 metres The same setback as one of the adjacent buildings, as illustrated below:

Greater than 2 metres At least the average setback of the

adjacent buildings The adjoining dwellings are set back approximately 6.8 metres from their respective front property boundaries. The proposed development is set back approximately 4.1 metres from the front property boundary, the closest part of the dwelling being the ground floor verandahs and second storey balconies. Impacts on the existing streetscape character and locality are minimised by the following:

• There is no consistent pattern of established front setbacks along Hare Street, with setbacks ranging from 1 metre to 6.8 metres on the southern side and between 1 metre and 12 metres on the northern side;

• The siting of the dwelling affords some visibility along the streetscape being open sided on the ground floor and being only partially enclosed on the second storey; and

• The design of the proposed development is such that the visual bulk is softened by a staggered building line, the inclusion of features such as balconies and verandahs and by the use of complementary landscaping.

General Section, Residential Development Principle of Development Control 23 details that 'dwellings and residential flat buildings should be set back from the side boundaries a minimum of 1 metre where the vertical wall height is 3 metres or less and 2 metres where the vertical wall height is between 3 and 6 metres'. The proposed development is located on the east and west side boundaries at both the ground floor and second storey.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 197 Impacts on the occupiers of the western adjoining property are minimised by the fact that the proposed boundary wall will adjoin an existing four (4) car carport and the associated residential flat building is located approximately 10 metres from this boundary. Impacts on the occupiers of the eastern adjoining property are minimised by the fact that the adjoining residential flat building is located approximately 3 metres from the boundary, the space between the building and boundary appears to be used as a service area, and the visual bulk of the proposed boundary wall is minimised as it consists of 4.5 metres of solid wall only whilst the remaining 6.8 metres utilises varying external materials and finishes and is not wholly enclosed. Overshadowing and Overlooking General Section, Residential Development Principles of Development Control 12, 13 and 14 state the following with regards to overshadowing: "The design and location of buildings should ensure that direct winter sunlight is available to adjacent dwellings, with particular consideration given to:

(a) windows of habitable rooms, particularly living areas. (b) ground-level private open space. (c) upper-level private balconies that provide the primary open space area for any dwelling. (d) access to solar energy".

"Development should ensure that north-facing windows to habitable rooms of existing dwelling(s) on the same allotment, and on adjacent allotments, receive at least 3 hours of direct sunlight over a portion of their surface between 9.00 am and 5.00 pm on the 21 June". "Development should ensure that ground-level open space of existing buildings receives direct sunlight for a minimum of two hours between 9.00 am and 3.00 pm on 21 June to at least the smaller of the following:

(a) half of the existing ground-level open space. (b) 35 square metres of the existing ground-level open space (with at least one of the area’s

dimensions measuring 2.5 metres). Development should not increase the overshadowed area by more than 20 per cent in cases where overshadowing already exceeds these requirements". Given the north-south solar orientation of the site, the only constant shadow cast by the subject development will fall over the car park and vehicle manoeuvrability area of the subject site. The western adjoining property will be shaded between 9am and 12 noon, but will receive direct winter sunlight after this time. Likewise the eastern adjoining property will receive direct winter sunlight during the morning hours and will be shaded between 12 noon and 3pm. The proposal incorporates upper storey windows to the sides and rear of the dwelling. The side windows will be treated with fixed obscure glazing to a minimum height of 1.7 metres above the internal finished floor level. The rear windows will not result in direct overlooking into the adjoining habitable room windows or private open space as angle of view would be too acute to see onto the eastern adjoining site and the private open space for the western adjoining site is obscured by the associated residence. The rear balcony will be located at the innermost part of the proposed development and recessed into the building, as such views to the east and west are obscured by walls. The side balconies are screened by fixed obscured glass to a minimum height of 1.7 metres above the internal finished floor level. It is therefore considered that there will be no unreasonable overshadowing or overlooking as a result of the subject development.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 198 Site Coverage The Development Plan suggests a maximum site coverage of 45%, which the proposal exceeds by approximately 3.8% or 26 square metres. This shortfall is not considered to be critical to the proposal as the site is still able to accommodate most of the qualitative requirements of General Section, Residential Development Principle of Development Control 29, which states: "Site coverage should be limited to ensure sufficient space is provided for:

(a) Pedestrian and vehicle access and vehicle parking (b) Domestic storage (c) Outdoor clothes drying (d) A rainwater tank (e) Private open space and landscaping (f) Front, side and rear boundary setbacks that contribute to the desired character of the

area (g) Convenient storage of household waste and recycling receptacles".

The site coverage is considered to be in balance within the context of the site of the development. Car Parking Provisions Table WeTo/2 - Off Street Vehicle Parking Requirements states that: "For group dwelling[s] and residential flat building[s] to provide:

2 car parking spaces per dwelling, one of which is covered + an additional 0.25 car parking spaces per dwelling".

The proposal development consists of eight (8) covered car parking spaces, thereby leaving a shortfall of one (1) car park. General Section, Residential Development Principle of Development Control 47 states that: "On-site parking should be provided having regards to:

(a) The number, nature and size of proposed dwellings (b) Proximity to centre facilities, public and community transport within walking distance of

the dwellings (c) The anticipated mobility and transport requirements of the likely occupants, particularly

groups such as aged persons (d) Availability of on-street car parking (e) Any loss of on-street parking arising from the development (eg an increase in number of

driveway crossovers)". In regards to this provision it is considered that the shortfall of one (1) parking space is not critical to the proposal for the following reasons:

• Dwellings 1 and 2 are moderately sized consisting of two (2) bedrooms only; • The subject site is within walking distance, approximately 200 metres north and south, of

public transportation; • The subject development is within proximity to designated bike lanes along South Road

and incorporates bike storage on site to encourage use; and • Two (2) on-street parking spaces can be accommodated directly adjacent the subject site.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 199 Landscape Assessment General Section, Landscaping, Fences and Walls Principle of Development Control 4 states that: "A minimum of 10 per cent of a development site should be landscaped. The development site refers to the land which incorporates a development and all the features and facilities associated with that development, such as outbuildings, driveways, parking areas, landscaped areas, service yards and fences. Where a number of buildings or dwellings have shared use of such features and facilities, the development site incorporates all such buildings or dwellings and their shared features and facilities". The proposed development nominates approximately 39m² or 5.5% of the site for landscaping purposes. Impacts on the amenity of occupants of the dwellings and on the existing streetscape character are minimised by the fact that the private open space for the ground floor dwellings is located forward of the building line and includes tree species which will grow to a height which would render them visible above the proposed fencing. The proposed landscaping is considered to be in accordance with the qualitative requirements of General Section, Landscaping, Fences and Walls Principles of Development Control 1, 2 and 3 as it complements the built form, clearly defines outdoor spaces (i.e. driveway and carparking areas), includes drought tolerant and local indigenous species (i.e. lavender grevillea), is orientated towards the street frontage, and does not detract from existing landscaping, obscure views or remove opportunities for casual surveillance of the street. It is therefore the opinion of the author that whilst the proposed landscaping does not meet the quantitative requirements of the development plan, it is consistent with the qualitative requirements and on balance and in consideration of the context of the site of the development will present a coordinated and complementary appearance to the street. SUMMARY Neighbourhood Centre Zone Principle of Development Control 3 encourages...'development comprising a variety of residential and non-residential uses that do not prejudice the operation of the existing or future non-residential activity within the zone'. Neighbourhood Centre Zone Principle of Development Control 4 recommends that residential development..."should be located only behind or above non-residential uses on the same allotment". Notwithstanding the proposal is consistent with the existing built form within the locality and as the subject site is situated on the boundary of the Residential Zone will provide a suitable interface between the existing commercial and residential land uses. Whilst it is recognised that the proposed development does not meet some of the quantitative provisions of the Development Plan it does satisfy the qualitative provisions and on balance will present a form of development that is in keeping with the existing streetscape character and locality and which is suitable for residential purposes. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February 2012 and warrants Development Plan Consent.


The Development Assessment Panel, having considered all aspects of the report, 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 subject to the CONCURRENCE of the Development Assessment Commission for Application No. 211/425/2012 by John Lentakis to undertake Demolition of an existing dwelling and ancillary structures and construction of a residential flat building containing four (4) dwellings at 4 Hare Street, Kurralta Park (CT 5079/224) subject to the following conditions: Council Conditions 1. That the development shall 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. That the finished floor level shall be 22.45 in reference to the Detail Survey provided by

Elite Land Solutions (Reference Number ELS 071-12 dated 4 May 2012). 3. That all stormwater design and construction shall be in accordance with Australian

Standards and recognised engineering best practices to ensure that stormwater does not adversely affect any adjoining property or public road and for this purpose stormwater drainage shall not at any time: 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. That any retaining walls shall be designed to accepted engineering standards, and not of

timber construction if retaining a difference in ground level exceeding 200mm. 5. That all driveways, parking and manoeuvring areas shall be formed, surfaced with




7. That the upper level side windows and balconies of the dwelling shall 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, prior to occupation of the building. The glazing in these windows shall to be maintained in reasonable condition at all times.



DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 240 6.10 37A Lindsay Street, PLYMPTON Application No. 211/464/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of a single storey group dwelling with the

garage under the main roof and a garage wall on the side boundary and the removal of a regulated tree Eucalyptus camaldulensis (River red gum)

APPLICANT Paul & Bronwyn Regan APPLICATION NO 211/464/2012 LODGEMENT DATE 8 May 2012 ZONE Residential POLICY AREA 21 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal

City Assets ASSESSING OFFICER Leon Jaworski DEVELOPMENT PLAN VERSION

2 February 2012

MEETING DATE 10 July 2012 RECOMMENDATION CONSENT

BACKGROUND

The application is being presented to the Development Assessment Panel in accordance with the delegations for an application that is similar in nature to one that has been refused by the Development Assessment Panel in the previous five years. The previous application (211/1018/2011) which was for the removal of a significant tree and the construction of a single storey group dwelling with a garage under the main roof and a wall on a side boundary and the planting of two replacement trees, was refused by the panel at the 13 December 2011 meeting. Pursuant to that decision the applicant filed an application to appeal the Panel's decision with the Environment, Resources and Development Court. That application was withdrawn by the applicant in April 2012. Subsequent to the applicant's withdrawal of their previous appeal and prior to the lodgement of this application, Council received further independent arboricultural advice regarding the regulated tree, as a result of this advice; the Administration subsequently informed the applicants that this advice may have a positive bearing on any future application to remove the tree. The arborist's written advice is included in Attachment 1. PREVIOUS or RELATED APPLICATIONS 211/1127/2003 Land Division - Community Title Approved 211/960/2004 Removal of significant tree Faxinus excelsior (Common ash) Approved 211/021/2006 Construction of a single storey group dwelling Refused 211/017/2011 Removal of significant tree Eucalyptus camaldensis (Red river gum) Refused 211/1018/2011 Removal of significant tree Eucalyptus camaldulensis (Red river gum)

and the construction of a single storey group dwelling with a garage under the main roof and a wall on a side boundary and the planting


of two replacement trees Refused SITE AND LOCALITY

The subject land is a battle axe shaped allotment on the northern side of Lindsay Avenue between Belgrave Street to the east and Padget Street to the west. The area of the allotment that would contain the proposed dwelling is 370m². The site has a 5.5 metre access frontage and a depth of 21.99 metres. The "handle" of the battle axe is 43.33 metres in length and is the driveway that would service both the existing dwelling and the proposed group dwelling. The regulated tree is located at the northwest corner of the allotment. The north side of the street has mainly single storey detached dwellings. The south side of the street and to the east of the subject site is Crown land containing the tram tracks. The south side of the street to the west of the subject site is residential with mainly single storey detached dwellings. A locality and aerial plan of the subject site are included below.




The proposal is for the construction of a single storey group dwelling with the garage under the main roof and a garage wall on the side boundary and the removal of a regulated tree Eucalyptus camaldulensis (River red gum). (Refer to Attachment 2 for details of the site plan and elevations.) The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below:

DEVELOPMENT

PLAN PROVISIONS

STANDARD

37A Lindsay Street ASSESSMENT


340m²

370m²

Complies

SITE COVERAGE General Section Residential Development PDC 30

50% for area 301-450 m²

46%

Complies

SIDE SETBACK General Section Residential Development PDC 23. REAR SETBACK General Section Residential Development PDC 23

Dwelling 1m

setback for 3m wall

Garage

<3m height <8m length

3m for single storey component

Dwelling 950mm

Garage wall 2.7m high

6.0m length

5.5m

Does not comply

Complies

Complies

PRIVATE OPEN SPACE General Section Residential Development PDC 33

20% of site area

For site area > 270m²

23%

Complies

General Section Transport and Access PDC 33 Table Section Table WeTo/2

2 spaces of which 1 is covered

2

Complies

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 245 PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 of the Development Act 1993 and Schedule 9 of the Development Regulations 2008 and Procedural Matters in the Residential Section of the West Torrens Council Development Plan. REFERRALS

Internal • City Assets Concerns were raised regarding the following matters; • The finished floor level of the proposed dwelling. • Offsets with Council infrastructure in the road verge. • The width of the driveway • Vehicle manoeuvrability. • Stormwater retention and detention. The following concerns remain outstanding; • The finished floor level • The location of the stormwater connection at the road verge.

The applicant has indicated that, should the application be granted Development Plan Consent, they are prepared to meet any requirements regarding the finished floor level and the stormwater connections and drainage requirements prior to their submission of the Building Rules Consent. A proposed planning condition accommodating this request has been included in the recommendations found at the end of this report. An amended site plan addressing the manoeuvrability concerns was subsequently submitted after a meeting at Council between the applicant and City Assets.

A full copy of the report from City Assets is included in Attachment 3.


The subject land is located within the Policy Area 21 in the Residential Zone as described in the West Torrens Council Development Plan. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Design and Appearance Objectives 1 Principles of Development Control 1, 2, 3, 4, 5, 10 & 16.

Energy Efficiency Objectives 1 Principles of Development Control 1, 2 & 3.


Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4 & 6


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 5, 7 & 8

Regulated Trees Objectives 1 & 2 Principles of Development Control 2 & 3


Objectives 1, 2, 3 & 4. Principles of Development Control 1, 2, 7,10, 11, 12, 13, 15,

16, 17, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 38, 40, 41, 45, 46, 47, 48 & 49.

Transportation and Access Objectives 2 Principles of Development Control 23, 24, 33, 34, 35, 36, 39

& 40. Zone: Residential Desired Character : This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use. Objectives 1, 2, 3 & 4. Principles of Development Control 1, 3, 6 & 8

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 247 Policy Area: Policy Area 21 Desired Character Statement: This policy area will continue to develop as a residential area of medium density and infill development. Development will be in keeping with the existing character of the area with buildings that maintain the traditional character through a variety of designs. Appropriately designed modern interpretations of the existing residential character, such as post World War Two and 1950s Tudor style housing, will be encouraged where suitable. Objectives 1 Principles of Development Control 1, 2 & 3. In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Setbacks The 50mm shortfall in the side setback on the eastern side of the dwelling is considered as being of a minor nature as it neither impacts on the amenity for the resident nor on the side access to the private open space. Regulated Trees Pursuant to advice received from Dr Nicolle it is considered that development that is reasonable and expected would not otherwise be possible without the removal of the regulated tree, pursuant to the provisions contained in Principle of Development Control 2 in the General Section of the Development Plan; "A regulated tree should not be removed or damaged other than where it can be demonstrated that one or more of the following apply: (a) the tree is diseased and its life expectancy is short (b) the tree represents a material risk to public or private safety (c) the tree is causing damage to a building (d) development that is reasonable and expected would not otherwise be possible (e) the work is required for the removal of dead wood, treatment of disease, or is in the

general interests of the health of the tree." The advice received by Council (Refer Attachment 1) indicates that:

• remedial pruning of the tree would not add to the life span of the tree, • the tree has the potential to present a material risk to public and private safety, and • that orderly and economic development would be not be possible on the site because of

the risk attached to the regulated tree.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 248 SUMMARY The lesser side setback is considered as being of a minor nature within the context of the overall development. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 02 February 2012 and warrants Development Plan Consent. RECOMMENDATION

The Development Assessment Panel, having considered all aspects of the report, 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. 211/464/2012 by Paul and Bronwyn Regan to undertake the construction of a single storey group dwelling with the garage under the main roof and a garage wall on the side boundary and the removal of a regulated tree Eucalyptus camaldulensis (River red gum) at 37A Lindsay Street Plympton (CT 5955/375) subject to the following conditions: Council Conditions 1. That the development shall be undertaken and completed in accordance with the amended

plans and information detailed in this application except where varied by any conditions listed below.

2. That the applicant shall submit and have approved by the Manager-City Development and

prior to the submission of the Building Rules Consent, a plan detailing the finished floor level (FFL) of the proposed dwelling as well as an acceptable plan detailing storm water retention/detention and connection at the interface between the subject site and the road verge.

3. That all stormwater design and construction shall be in accordance with Australian

Standards and recognised engineering best practices to ensure that stormwater does not adversely affect any adjoining property or public road and for this purpose stormwater drainage shall not at any time:- 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 e) Not flow across footpaths or public ways.

4. That any retaining walls shall be designed to accepted engineering standards, and not of

timber construction if retaining a difference in ground level exceeding 200mm. 5. That all driveways, parking and manoeuvring areas shall be formed, surfaced with


DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 249 6. That a minimum of 72 hours notice shall be given to Council so that a representative can

be present if deemed necessary during the removal of the regulated tree. Contact City Assets Department (8416 6333) quoting: • Development Application Number; • Address where works will be undertaken; • Proposed date of works; • Name and contact number of the person/company undertaking the works.

7. 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 (B1A).

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 258 6.11 79-81 White Avenue, LOCKLEYS Application No. 211/338/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of two (2) single storey detached dwellings

each with a single garage under the main roof and two (2) single storey group dwellings each with a double garage under the main roof including associated driveways and landscaping.

APPLICANT EASTERN BUILDING GROUP PTY LTD APPLICATION NO 211/338/2012 LODGEMENT DATE 10 April 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal

City Assets - Civil Engineer External Nil

ASSESSING OFFICER Zoe Delmenico DEVELOPMENT PLAN VERSION

2 February 2012


BACKGROUND

The application is to be decided by the Development Assessment Panel as the development application includes the construction of three (3) or more dwellings. PREVIOUS or RELATED APPLICATION(S)

• DA 211/54/2010 - Change of Use (Withdrawn)


The subject site is irregular in shape and is located on the eastern side of White Avenue, Lockleys. It has a frontage width of 25.96 metres to White Avenue, a rear boundary length of 44.25 metres and a maximum depth of 56.16 metres along its southern boundary, resulting in an overall site area of approximately 1788m2. The site is currently occupied by vacant commercial buildings and large hardstand areas with limited landscaping. From the historical search submitted by the applicant, Council records and inspection of the site, it appears that the site has most recently been used as a warehouse and ancillary office, with the main building along the southern boundary of the site being constructed in 1969. Surrounding land uses are residential in nature. Topographically the site is relatively flat. There are no regulated trees on the site, nor on adjoining properties that may be affected as a result of any proposed development. Vehicle access to the site is currently provided at various points along the site's White Avenue frontage with a large expanse of the site's frontage comprising a crossover. The existing neighbourhood is characterised primarily by 1960's single storey detached dwellings with pitched roofs which are generally constructed of brick with traditional allotment patterns, whilst some sites have been redeveloped with detached dwellings constructed of brick and / or render, resulting in a higher density of detached dwellings as compared to those dwellings contained within traditional allotment patterns. The site and locality are shown on the following maps.




It is proposed to construct four (4) dwellings on the site comprising two (2) single storey detached dwellings at the front of the site, and two (2) single storey group dwellings to the rear of the site. Each dwelling is provided with its respective garage under their main roofline. Dwellings 1 and 2 are provided with three (3) bedrooms and two (2) living areas, whilst Dwellings 3 and 4 are provided with three (3) bedrooms, a study and two (2) living areas each. Dwellings 1 and 2 will be will be provided with a single garage with each dwelling being set back a sufficient distance to allow for one (1) additional uncovered car parking space within the front setback area of each dwelling. Dwellings 3 and 4 will be provided with a double garage with sufficient space to allow for one (1) additional uncovered car parking space in front of each garage. Landscaping is proposed to be provided adjacent to the driveways and within the front setback areas, and can be accommodated within the rear private open space areas of the proposed dwellings. A copy of the proposal is included at Attachment 1. The proposal is assessed for consistency with the prescriptive requirements of the Development Plan as outlined in the table below: DEVELOPMENT PLAN PROVISIONS

STANDARD ASSESSMENT


420m²

447m² (average) Complies

SITE FRONTAGE Residential Zone Policy Area 20 PDC 2

12m

Dwelling 1 – 10m Dwelling 2 – 10m Does not Comply

SITE COVERAGE Residential Zone PDC 30

50%

Dwelling 1 – 57% Dwelling 2 – 56% Dwelling 3 – 51% Dwelling 4 – 51% Does not Comply

STREET SETBACK Residential General PDC 18

Primary Street The average setback of adjacent buildings 7.2m

Primary Street Dwellings 1 & 2 – 4.8m - 6.3m Does Not Comply

SIDE/REAR SETBACKS Residential PDC’s 21 & 23

Side 1 metre or on the boundary Rear 3 metres

Side: 0.91m Dwelling 2 Does Not Comply Rear: 0.6m Dwellings 3 & 4 Does Not Comply

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 263 PRIVATE OPEN SPACE Residential PDC 33

20% Dwelling 1 – 75m2 Dwelling 2 – 76m2

Dwelling 3 – 80m2

Dwelling 4 – 80m2

Dwelling 1 – 101m2 or 27% Complies Dwelling 2 – 106 m2 or 28% Complies Dwelling 3 – 104 m2 or 26% Complies Dwelling 4 – 104 m2 or 26% Complies


10%

>10% Complies

CARPARKING SPACES Council Wide Transportation and Access PDC 33

2 car-parking spaces required per dwelling

Dwelling 1 - 2 provided Dwelling 2 - 2 provided Dwelling 3 - 3 provided Dwelling 4 - 3 provided Complies

PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to Section 38 and Schedule 9 of the Development Act and Regulations and the Residential Zone Procedural Matters of the West Torrens Council Development Plan. REFERRALS

Internal • City Assets The application was referred to Council’s City Assets Engineer and Amenity Officer who advised of some concerns in relation to the driveway, verge interaction and stormwater detention. The applicant has addressed most of these concerns in the plans being considered by the Development Assessment Panel (DAP). It is however noted that the submitted Civil Plan (Drawing No. 120304-C2/PC) prepared by TMK Consulting Engineers and the Site Plan prepared by DJG Designs (Dwg No. WHI-LT2-12.dwg) do not correlate with respect to the location of internal driveways and landscaping beds and verge details. Any development plan consent issued should include a condition which requires this to be rectified. Additionally, Council's City Assets Engineer has advised that a condition should be included which requires a 300mm separation from the north-facing garage wall of Dwelling 1 located on the common driveway to Dwellings 3 and 4 given that its location could create a safety issue due to the alignment of the proposed common driveway.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 264 A full copy of the relevant referral responses are attached in Attachment 2. ASSESSMENT


Crime Prevention Objectives 1

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10

Design and Appearance

Objectives 2

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 & 20

Energy Efficiency Objectives 1 & 2 Principles of Development Control 1, 2, 3 & 4

Hazards

Objectives 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15


Infrastructure Objectives 1, 2, 3, 4 & 5


Land Division

Objectives 1, 2, 3 & 4

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 & 21


Objectives 1 & 2 Principles of Development Control 1, 2, 3, 4, 5 & 6


Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 2, 3, 4, 5, 6, 7 & 8



11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 & 56




11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 & 41

Principles of Development Control 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 & 18

Zone: Residential Zone Desired Character Statement: "This zone will accommodate a range of dwelling types. Residential development will reflect a variety of building styles, yet where a consistent character exists, new buildings will be designed to harmonise with that which is existing in terms of form, mass, scale, colours and textures of materials and setback distances. The streetscape will reflect the functions and characteristics of the street type in the traffic movement network and be designed to encourage pedestrian access and to support or establish a sense of place and street identity. The scale, bulk and design of non-residential development will be sensitive to the desired character of the residential environment. Landscaping will be of a high standard and provide continuity with residential streetscapes. Residential development in the form of a multiple dwelling, residential flat building or group dwelling should not be undertaken in a Historic Conservation Area other than such development associated with an existing use". Objectives 1,2,3 and 4 Principles of Development Control 1, 3, 5, 6, 7 and 8 Policy Area: Residential Policy Area 20 Desired Character Statement: “This policy area is characterised by well maintained single storey detached dwellings on large allotments, set well back from the street. The policy area is reasonably homogenous and is mainly comprised of detached dwellings. This policy area is home to newer subdivisions and housing redevelopment. Many dwellings have characteristic verandas, porches and entry doors facing the street. Development will maintain and complement the character and built form of the existing streetscape”. Objectives 1 Principles of Development Control 1, 2 and 3

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 266 In assessing the merits or otherwise of the application, the proposed development satisfies all relevant Development Plan provisions with the exception of the following, as discussed under the following sub headings: Allotment Width The proposed frontage width of 10 metres of Dwellings 1 and 2 (in lieu of the minimum allotment frontage width of 12 metres outlined in Residential Policy Area 20) is considered appropriate in this instance as: • there are a number of examples of newer detached dwellings with similar or lesser frontage

widths located within the immediate locality within White Avenue and the broader locality generally; and

• each site is capable of accommodating a well designed dwelling with adequate private open space, setbacks and site services which respect the existing neighbourhood character.

Irrespective of allotment widths both allotments are of adequate, useable dimensions, can be provided with access and services, and will be suitable for their intended residential use of accommodating a residential form of development with workable vehicle manoeuvrability, adequate, useable areas of private open space and functional floor layouts to provide good amenity for future occupants, as has been demonstrated with this land use application. Site Contamination Given the previous use of the site being non-residential, in accordance with PDC 13 of the Hazards General Section of the Development Plan, the applicant has carried out an Environmental Site Assessment which indicates that no site contamination has occurred. Refer to Attachment 1. Street Setbacks The proposed front setback of Dwellings 1 and 2 of between 4.8 metres to 6.3 metres (in lieu of 7.2 metres) is considered acceptable in this instance, as it is consistent with the setbacks of existing buildings within the street which vary between approximately 4 metres and 9.8 metres within the broader locality to the north and south of the site within White Avenue. The proposed setbacks will ensure that the development sits comfortably within the streetscape as a whole, and makes efficient use of the site in addition to continuing to enable the provision of adequate car parking, vehicle manoeuvrability and landscaping. Side and Rear Setbacks The proposed minimum side setback of Dwelling 3 is 910mm (in lieu of 1 metre as suggested by Principles of Development Control 21 and 23). The proposed minimum rear setback of the garage of Dwellings 3 and 4 is 0.6 metres (in lieu of 3 metres as suggested by Principle of Development Control 23). These reduced setbacks are considered appropriate in this instance given the low scale of the proposed development, the departure is minor and typical of the side and rear setbacks of dwellings and outbuildings within the locality. Additionally, the proposed setback should not result in any unreasonable visual bulk or overshadowing of existing adjoining private open space or north-facing habitable room windows beyond that of the existing conditions of the site.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 267 Site Coverage The proposed site coverage of all dwellings is slightly greater than the maximum site coverage requirement outlined in Principle of Development Control 30 of the Development Plan for each respective site area. However, as it has been demonstrated that the proposed development provides sufficient space for: (a) pedestrian and vehicle access and vehicle parking; (b) domestic storage; (c) outdoor clothes drying; (d) a rainwater tank; (e) private open space and landscaping; (f) front, side and rear boundary setbacks that contribute to the desired character of the area;

and (g) convenient storage of household waste and recycling receptacles; in accordance with Principle of Development Control 29 of the Residential General section of the Development Plan, the proposed site coverage is considered to be acceptable in this instance. Site Services Although not nominated on the submitted plans there is adequate space available for site services such as mailboxes to be located adjacent to the front of the site. SUMMARY The proposed development is considered appropriate for the site as evidenced by: • The design and siting of the proposed development is considered to be compatible with the

surrounding area; • The proposal should not have a detrimental impact on surrounding properties and should

provide for a reasonable level of amenity for future residents; and, • The proposal generally satisfies the requirements of the West Torrens Council Development

Plan. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be not seriously at variance with the Development Plan. On balance, and subject to the inclusion of suitable conditions, the proposed development accords with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 February, 2012 and warrants Development Plan Consent.


The Development Assessment Panel, having considered all aspects of the report, 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. 211/338/2012 by Eastern Building Group Pty Ltd to undertake the construction of two (2) single storey detached dwellings each with a single garage under the main roof and two single storey group dwellings each with a double garage under the main roof including associated driveways and landscaping at 79-81 White Avenue, Lockleys (CT 5514/212) subject to the following conditions: Council Conditions 1. That the development shall 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. Correlation between the Civil Plan (Drawing No. 120304-C2/PC) prepared by TMK Consulting Engineers and the Site Plan prepared by DJG Designs (Dwg No. WHI-LT2-12.dwg) with respect to the location of internal driveways and landscaping beds within the common driveway in accordance with the Site Plan prepared by DJG Designs (Dwg No. WHI-LT2-12.dwg) and verge details along the entire frontage of the site, and driveways and associated landscaping beds within the front setback areas of Dwellings 1 and 2 in accordance with the Civil Plan (Drawing No. 120304-C2/PC) prepared by TMK Consulting Engineers.

3. The provision of a 300mm buffer (delineated by kerb or similar) adjacent to the north-facing garage wall of Dwelling 1 located on the common driveway to Dwellings 3 and 4 in addition to maintaining a pavement width of the driveway of 3 metres.

4. A minimum of 100% of the roof area from each dwelling must be directed to their respective detention storage.

5. That all stormwater design and construction shall be in accordance with Australian Standards and recognised engineering best practices to ensure that stormwater does not adversely affect any adjoining property or public road and for this purpose stormwater drainage shall not at any time: 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. 6. That all driveways, parking and manoeuvring areas shall be formed, surfaced with






DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 291 7. CONFIDENTIAL REPORTS OF MANAGER CITY DEVELOPMENT

Nil 8. SUMMARY OF COURT APPEALS

8.1 Summary of Court Appeals BACKGROUND 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. The current status is listed as follows: Matters pending determination by DAC Reason for referral DA number Address Description of development Schedule 10 211/1042/2011 424 Marion Road,

Plympton Change of use to office & supported accommodation

Section 49 211/5/2012 Railway Line, Keswick Terminal

Boundary Re-alignment

Section 49 211/141/2012 Coastal Path, West Beach Sand Transfer Pipeline Concurrence 211/996/2010 101-105 Hardys Road,

Underdale Construction of eight dwellings

Section 49 211/602/2012 Boat Haven, West Beach Proposed revetment seawall north of Adelaide Shores boat haven & alteration of existing breakwater

Concurrence 211/180/2012 4/233 Sir Donald Bradman Drive, Cowandilla

LED Signage

Concurrence 211/76/2012 1-3 Anzac Highway, Keswick

Signage

Development Application appeals before the ERDC DA Number Address Reason for Appeal Description of

Development Status

211/124/2012

26 Chatham Road, Keswick

Applicant appealed Panel's decision to refuse application

Partial change of use to include child care

Initial conference scheduled for 20 August 2012

NOTE: Italics above indicate updated information.

DEVELOPMENT ASSESSMENT PANEL 14 August 2012 Page 292 SUMMARY The information requested by the Panel has been provided for information purposes. RECOMMENDATION The Development Assessment Panel receive and note the information. 9. MEETING CLOSE

Documents

Notice of Panel Meeting - City of West Torrens · The subject site is located on the eastern side of West Street between North Parade and Carlton Parade. The allotment has a frontage