13 DECEMBER 2016 Notice is hereby given in accordance with Section 83 of the Local Government Act 1999 that a Strategic Planning, Development and Policy Committee meeting will be held in the Council Chamber, 62 Commercial Road, Port Adelaide on Tuesday 13 December 2016. The meeting will commence at 7.15 pm. The business to be considered at the above-mentioned meeting, is set out on the enclosed Agenda.

Mark Withers Chief Executive Officer 7 December 2016 DISCLAIMER - Please note that the contents of the Strategic Planning Development and Policy Committee Agenda have yet to be considered and recommendations may be altered or changed.

Notice of Strategic Planning

Development & Policy

Committee Meeting

13 DECEMBER 2016

Commencing at 7:15 pm Emergency Procedure In the case of an emergency please follow the Exit signs as directed.

Kaurna Acknowledgement Before we begin the proceedings, I would like to acknowledge and pay respect to the Traditional Owners of the land on which we stand, the Kaurna People of the Adelaide Plains. It is upon their ancestral lands that the Port Adelaide Enfield Council meets. It is also The Place of the Kardi, the Emu, whose story travels from the coast inland. We pay respect to Elders past and present. We respect their spiritual beliefs and connections to land which are of continuing importance to the living Kaurna people of today. We further acknowledge the contributions and important role that Aboriginal people continue to play within our shared community.

1. Apologies

2. Leave of Absence - Nil

3. Confirmation of the Minutes – 22 November 2016

4. Director Corporate Services Report - Sarah Philpott

5. Correspondence - Nil

6. Other Committee Business - Nil

7. Closure of Meeting

Agenda of Strategic Planning

Development & Policy

Committee Meeting

DIRECTOR CORPORATE SERVICES REPORT – SARAH PHILPOTT

STRATEGIC PLANNING DEVELOPMENT POLICY COMMITTEE MEETING

13 DECEMBER 2016

Director Corporate Services

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Table of Contents

ITEM 4. DIRECTOR OF CORPORATE SERVICES REPORT – SARAH

PHILPOTT .............................................................................................. 3

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ITEM 4. DIRECTOR OF CORPORATE SERVICES REPORT – SARAH PHILPOTT

ITEM 4.1 PORT ADELAIDE CENTRE RENEWAL (PART 2) DEVELOPMENT PLAN AMENDMENT BY THE MINISTER FOR PLANNING

Report Type

Decision

City Plan Theme

A city of opportunity A city that supports community wellbeing A city where people love to be

Report Author

Urban Planner (Corporate Services)

Report Summary

This report recommends that Council lodge a submission with the Development Policy Advisory Committee regarding the Port Adelaide Centre Renewal (Part 2) DPA prepared by the Minister for Planning

Attachments Attachments 1, 2 & 3

RECOMMENDATION

Strategic Planning and Development Policy Committee resolves that: 1. The Director Corporate Services' report titled "Port Adelaide Centre

Renewal (Part 2) Development Plan Amendment by the Minister for Planning" be received and noted.

2. The Director Corporate Services or her nominee is authorised to lodge a

written submission consistent with the content of this report with the Development Policy Advisory Committee regarding the Port Adelaide Centre Renewal (Part 2) Development Plan Amendment by the Minister for Planning.

3. The Director Corporate Services or her nominee is authorised to present

a verbal submission to the Development Policy Advisory Committee’s public hearing on 24 January 2017 in support of Council's written submission if required.

Report The Port Adelaide Centre Renewal (Part 1) Development Plan Amendment (DPA) by the Minister for Planning was approved on 9 April 2015. That DPA amended the

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planning provisions of the Port Adelaide Regional Centre Zone and a number of the Policy Areas that overlay it. On Thursday 3 November 2016, the Minister released the Port Adelaide Centre Renewal (Part 2) DPA to amend the planning provisions of two Policy Areas that were not amended via the previous Port Adelaide Centre Renewal DPA. (A copy of the Port Adelaide Centre Renewal (Part 2) DPA has been provided to all Elected Members under separate cover and is also available via the following SA Government webpage: https://www.sa.gov.au/__data/assets/pdf_file/0012/250014/Port_Centre_Renewal_Part_2_Ministerial_DPA_Public_Consultation_3_Nov_2016_to_9_Jan_2017.pdf) The Minister's DPA proposes amendments to the planning provisions of the Cruickshank's Corner Policy Area and the Port Approach Policy Area as shown below.

Written submissions to the Development Policy Advisory Committee (DPAC) are invited until 5.00pm on Monday 9 January 2017. A public meeting convened by the DPAC has been scheduled for 7.00pm on Tuesday 24 January 2017 in the Kyrstal Function Centre at 7 Church St, Port Adelaide.

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An Information Sheet prepared by the Department of Planning, Transport and Infrastructure to accompany the release of the DPA advises that the DPA:

"Seeks to review policies and boundary of Cruickshank’s Corner Policy Area 38 to support a range of commercial, tourism, hospitality and community activities in the Policy Area that will revitalise this valuable area (in accordance with the Precinct Plan).

The DPA will also seek to update and strengthen policy regarding medium density residential and mixed use developments in the Port Approach Policy Area 48 for those areas fronting Dock One and the Port Adelaide River."

The Administration has reviewed the DPA and noted the intent to align the planning policies in the Development Plan with the Renewal SA prepared Port Adelaide Precinct Plan 2014 and that the bulk of the affected land is under Renewal SA ownership. Cruickshank's Corner For the Cruickshank's Corner Policy Area the Precinct Plan envisages a combination of marine / tourism and hospitality / commercial land uses. In recognition of the proximity of nearby significant industry, the Precinct Plan does not envisage residential development in this area. The Development Plan amendments proposed for the Cruickshank's Corner Policy Area are generally consistent with the Precinct Plan and are outlined below.

Policy Area Boundary Extended to road centreline of Derrick Diver Bridge so that the current Industry zoning between the Policy Area boundary and the bridge is rezoned to the Regional Centre Zone and the Cruickshank's Corner Policy Area. (Council sought this tidy up amendment in its earlier submission with respect to the Port Adelaide Centre Renewal (Part 1) DPA.)

Concept Plan The Concept Plan is amended to include development areas of up to 5 storeys, public open space, view corridors and pedestrian linkages (It is noted that the Precinct Plan indicates 1-3 storey development in this area)

Desired Character Statement (DCS)

The DCS is expanded and greater clarity of intent for development in the Policy Area is provided.

Objectives Current Objective 1 seeking the retention of land for future development is replaced with a description of what type of development is now envisaged, namely: " Tourism and commercial development that capitalises on the waterfront setting with links to designated areas of public open space and public waterfront and shore areas."

Principles of Development Control

A list of envisaged uses is introduced. The envisaged uses are: "community facilities", "conference facilities", "office" and "tourism development including short stay accommodation" A new principle is added "Development should be constructed to ensure that no accessible balconies or

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opening windows face the north/ northeast direction."

Non - Complying Development

The current arrangement of "all development being non-complying except for…" is retained but the envisaged uses are added to the list of exemptions.

Public notice categories

The DPA proposes that all development in the Policy Area be Category 1 (no public notification). The Administration notes that this will not apply to development that is non-complying.

A comparison of the current Concept Plan, the amended Concept Plan and the Precinct Plan for the Cruickshank's Corner Policy Area is provided in Attachment 1. Whilst the DPA proposes an increase in maximum building height to 5 storeys from the 3 storey maximum indicated in the Precinct Plan, the Administration notes that 5 storey height limits were introduced as a key feature of the Port Adelaide Centre Renewal (Part 1) DPA and that this now applies broadly throughout the Regional Centre Zone and the majority of its Policy Areas. The introduction of this height limit to the Cruickshank's Corner Policy Area will allow a height of development consistent with that allowed throughout much of the Port Adelaide Regional Centre. While the Administration is not opposed to this in principle and can envisage some commercial office developments that may seek to build to this limit, it notes that the tourist accommodation development scenario is specifically intended to be limited to short stay accommodation and questions what the nature of those developments might be. It is noted that some of the terminology used to describe tourist accommodation may need to be refined to better clarify what type of short stay tourist accommodation is appropriate and particularly whether serviced apartments are appropriate. Port Approach Policy Area The current planning provisions for the Port Approach Policy Area do not envisage residential development and see the area as providing a buffer to residential development to the south eg in the Dock One Policy Area. Since these provisions were written, the Government has acquired the nearby Incitec Pivot site and has rezoned this site from Industry to Light Industry (via the Minister's Port Adelaide Centre Renewal (Part 1) DPA.) The Policy Area is bisected by road and rail bridges and the DPA proposes that the area to the south of the bridges be available for residential development subject to certain conditions. The Port Adelaide Precinct Plan envisages residential development in this area and the DPA proposal is broadly consistent with the Precinct Plan. This policy area was part of Renewal SA's recent Expression of Interest process and a preferred developer and development concept for this site have been chosen. The Administration notes that there are elements of this development concept that are not consistent with the Precinct Plan or the Concept Plan for this area proposed by this DPA.

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The proposed amendments to the Port Approach Policy Area are outlined below:

Policy Area Boundary Unchanged

Concept Plan Amended to allow for residential development in the waterfront parts of the policy area

Desired Character Statement (DCS)

Residential development is envisaged by adding: “medium density residential development and mixed use development will be located along the waterfront of Dock One and the Port Adelaide Waterfront…..Residential and other forms of sensitive development within the policy area should not proceed until the adverse impacts and conflicts of adjacent industrial activities have been suitably addressed….”

Objectives Unchanged

Principles of Development Control

“dwelling” and “residential flat building” are added to the envisaged uses. A new PDC is introduced: “development along Dock One and Port Adelaide River waterfronts should consist of: (a) attractive development of between 3 and 5 storeys in height overlooking Dock One (b) mixed use development consisting of a range of residential, retail or commercial land uses (c) a public reserve and tourist node along a continuous waterfront promenade

Non - Complying Development

Unchanged

Public notice categories

Unchanged

A comparison of the current Concept Plan, the amended Concept Plan and the Precinct Plan for the Port Approach Policy Area is provided in Attachment 2. A key issue associated with the proposal to allow residential development in this policy area is the fundamental suitability of the site for residential development given the nature and proximity of nearby land uses and activities. This is the basis for the qualifications for residential development proposed in the Desired Character Statement. With respect to this matter the DPA advises that:

“the EPA has also confirmed preliminary in-principle support for medium density residential development and mixed uses fronting Dock One and the Port Adelaide River of the Port Approach Policy Area 48”.

“Nevertheless, provision is made to ensure that residential and other forms of sensitive development in the Policy Area should not proceed until adverse impacts and conflicts of adjacent industrial activities have been suitably addressed.”

Other interface issues such as ambient noise may arise from sources such as strategic transport routes such as the Port River Expressway, the freight rail line and bridge, other industrial facilities and port handling activities. The EPA

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has previously identified that the likelihood of this will be high in these locations and this is reflected in Overlay Map PAdE/17…….As a consequence, any development in the affected areas should be designed and constructed to adequately attenuate noise from such sources. This will be addressed through new policy to be introduced by this DPA."

The Administration understands that the EPA has been closely involved in the development of the policy amendments proposed by this DPA, including the revised policies and concept plan for the Port Approach Policy Area and that the DPA represents a compromise accepted by the Minister, the EPA and Renewal SA. The Administration is generally supportive of this aspect of the DPA on the basis of its understanding that the EPA has been appropriately engaged and its positions appropriately reflected in the DPA. Specific matters of importance include:

Consideration of proximity to and impacts of nearby industrial land uses including separation distances from key industrial activities eg Adelaide Brighton Cement;

Consideration of proximity to and impacts of noise and air emissions from the nearby road and rail bridges; and

Appropriate approach to site contamination investigations and site remediation.

Notwithstanding the Administration's qualified general support for the DPA, there are some opportunities to further enhance and clarify proposed policies and the concept plan details for both Policy Areas. These are detailed in Attachment 3 and it is recommended that they be incorporated into a written submission to the Development Policy Advisory Committee. City Plan Relationship The clarification of the intended development outcomes for the Cruickshank's Corner and Port Approach Policy Areas presents opportunities for new development, new communities to establish and new high quality urban spaces to be created. This is consistent with the City Plan themes of Economy, Community and Placemaking. Legislative Context and Related Policies The Development Act, 1993 provides the legislative basis for land use zoning and the process for its amendment. The Act enables the Minister for Planning to propose an amendment to the Development Plan through a formalised Development Plan Amendment (DPA) process. Council is afforded an opportunity to make representations to the Development Policy Advisory Committee with respect to the proposed amendments. Stakeholder Engagement Given the wide and varied nature of stakeholder interests and the significance of zoning changes, the Development Act and Regulations mandate specific consultation processes for DPAs. The Minister's DPA is being progressed in

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accordance with the required processes. Council's website provides a link to the DPA. Risk Management The DPA process is intended to ensure that issues and risks are properly identified and investigated and where relevant, addressed by planning policy. As this DPA has been prepared by the Minister for Planning and the bulk of the land is owned by the SA Government, the primary and initial risks runs with the Minister and the Government. However, if the investigations have not been undertaken appropriately there are risks that the development envisaged by the revised planning policies may not eventuate or, if it does eventuate, that it may result in poor development and community outcomes. In this case it considered important that any risks associated with introducing short stay tourist accommodation to the Cruickshank's Corner Policy Area and residential development to the Port Approach Policy Area have been appropriately recognised and considered. This underscores the importance of the EPA having been appropriately involved in the investigations and its views having been duly recognised and reflected in the proposed Development Plan amendments. Financial Management Consideration of the Minister's DPA does not have any immediate financial implications on Council. Environmental and Social Impacts If approved, the DPA will facilitate the future development of currently unused and under-developed land. This will bring with it a range of environmental and social impact issues that will need to be worked through as part of the development process. It will be important that appropriate project planning and governance arrangements are established to manage the subsequent design and development process and that Council is afforded appropriate opportunities to partner in these arrangements. To that end, the Administration is currently liaising with Renewal SA to establish such arrangements. For completeness, Members are reminded that the Development Assessment Commission (via the Port Adelaide Development Assessment Commission), rather than Council (via its Development Assessment Panel) will ultimately be the relevant planning authority for determining the appropriateness of subsequent development applications against the new planning provisions should they be approved.

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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