Development Assessment Panel Minutes for 18 May · PDF fileDEVELOPMENT ASSESSMENT PANEL...

City of Charles Sturt 1. DAP Minutes 18/05/16

[Note: These minutes are unconfirmed until 1/6/2016]

MINUTES OF THE

DEVELOPMENT ASSESSMENT PANEL MEETING

HELD ON WEDNESDAY, 18 MAY 2016 MEMBERS: Present: Presiding Member – Stephanie Johnston Deputy Presiding Member – Paul Sykes Katie Taylor, Nathan Cunningham, Gerard Ferrao,

Stuart Ghent and Barbara Wasylenko STAFF: Present: General Manager City Services – Bruce Williams Manager Planning and Development – Julie Vanco Team Leader, Major Planning Assessment – Sue Hemmingway Development Officer Senior Planner – John Tarasiuk Development Officer Senior Planner – Rebecca Freeman Team Leader Administrative Services – Pauline Heath Administration Support Officer – Lily Francis MEMBERS: Apologies: MEMBERS: Leave of Absence: 1. COMMITTEE OPENING The meeting commenced at 6:31 pm. 2. CONFIRMATION OF MINUTES That the minutes of the previous meeting held on Wednesday, 4 May 2016 be

taken as read and confirmed. Moved Barbara Wasylenko Carried 3. BUSINESS 3.1 Declaration of Conflicts of Interest



Nil 3.2 Outstanding deferred items

Nil

HENLEY WARD

ITEM 3.32 401 MILITARY ROAD HENLEY BEACH SA 5022 1 Mr J Scuteri, Mr T Scuteri, Elvio Ferrara Design & Construct P/L

Land Division - 252/D100/16 - Creating three allotments from two and construction of a two storey detached dwelling and a pair of two storey semi-detached dwellings

Decision

A. Reason for Decision

The Panel has read and considered the report prepared by the Development Officer – Senior Planner dated 18 May 2016 and agrees with the assessment outlined in that report.

B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 5 November 2015.

C. Reserved Matters

The following detailed information shall be submitted for further assessment and approval by the Manager Planning and Development as delegate of the DAP as reserved matters under Section 33(3) of the Development Act 1993:

(a) A stormwater management plan and supporting computations are to be submitted with the Development Application in compliance with the City of Charles Sturt’s requirements (see Development Information Requirement Guides No 34, Stormwater Management Plan, which is available from Council’s web site www.charlessturt.sa.gov.au <http://www.charlessturt.sa.gov.au/> or can be obtained from Council’s office). Note that the Guide No 34, Stormwater Management Plan includes requirements for on-site stormwater detention based on the post development peak rate of run-off from the ‘design’ storm not exceeding that from the pre-development site from a 5 year ARI storm. The ‘design’ storm requirement is a 100 year ARI storm.



D. Reserved Conditions

Pursuant to Section 33(1) of the Development Act 1993 the Council reserves its decision on the form and substance of any further conditions of development plan consent that it considers appropriate to impose in respect of the reserve matters and delegates this to the Manager Planning and Development.

E. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 252/0874/16 be GRANTED Development Plan Consent subject to the following conditions:

1. Develop in accordance with the approved plans

That the proposal shall be developed in accordance with the details and approved plans stamped by Council except where varied by the conditions herein and shall be completed prior to occupation of the proposed development.

Reason: To ensure the development proceeds in an orderly manner.

2. 1.5 metre high sill height

That the side and rear upper storey windows shall have a minimum 1.5 metre high sill height above the finished floor level or have translucent glass/film to a minimum height of 1.5 metres. The translucent glass/film windows shall be fixed or be provided with awning sashes that do not exceed an open distance of 125mm.

Reason: To minimise the impact on adjoining residents.

Note: With respect to this condition other forms of screening can be used as long as it can be demonstrated to Council that such screening will prevent overlooking. However, should you wish to use an alternative screening method you are required to lodge an application to vary the above condition.

Notes

1. Stamped documentation pertaining to this Development Plan Consent has been enclosed. Please ensure that this documentation including the above conditions, if any, are sighted by whoever is preparing the working drawings for the Development Approval. This will ensure that there is consistency between the documentation submitted for both Planning and Building Consents, and will avoid delays in obtaining Development Approval.



2. The approval for this development DOES NOT imply approval to alter, shift or remove any existing public infrastructure, including street trees and/or landscaping or any other street furniture or features. Approval to alter any of these must be obtained from Council or the relevant government department or service authority. All costs associated with such alteration are the sole responsibility of the applicant.

3. You are advised that construction or alteration of any footpath, kerb, gutter or crossover on Council land will require a permit, under the Local Government Act 1999 from Council's Engineering Strategy and Asset Department. It is illegal to undertake work on Council land without permission

If the existing entranceway (driveway cross-over) is to be removed it must be re-instated with kerb and gutter, including appropriate restoration of the footpath and verge, to Council's standard specification. Please contact Council's Engineering Strategy and Asset Department to confirm the required standards.

Driveway cross-overs which affect a pedestrian footpath should maintain the level of the footpath or be consistent with the proposed footpath levels in instances where the footpath has not being constructed. When final Development Approval is applied for this should be shown on the plans. Please note that construction is to be in accordance with the Disability Discrimination Act and relevant Australian Standards.

4. This consent does not give you authorisation to commence the abovementioned work until your plans which are currently with Council have been assessed for Building Rules consent. Once these plans have been assessed you will be issued with a final Development Approval.

5. Before proceeding with this proposal, you are required to seek Building Rules Consent pursuant to the provisions of the Development Act, 1993.

6. You are required to compensate Council for the amenity value of street trees which require removal as a result of being affected by proposed driveways. This fee is required to be paid prior to the driveways construction. The fee includes tree and stump removal which will be undertaken by Council's Arboriculture staff. The compensation fee payable for this development is $1915 (GST inc). Please contact Mr Chris Taras on telephone 8408 1539 regarding this matter.

7. Development Approval must be received for this development within 12 months of the date of this Development Plan Consent.

You will require a fresh Development Plan Consent and Development Approval before commencing or continuing the development if you are unable to satisfy these requirements.



To ensure your development can now proceed without unnecessary delaysplease ensure the matters outlined below are properly managed.

The following information outlines your obligations in relation to appropriately managing noise, dust and works effecting adjoining land (both private and public).

Driveway Crossovers

If you are relocating an existing driveway crossover you must remove and reinstate the old crossover to match the existing kerb profile, footpath and verge. You will require a permit to work on Council land to construct your new driveway crossover which must be constructed to Council specification. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/page.aspx?u=808&c=4118 for relevant specifications.

Council Verges

Please take every precaution necessary to avoid damage to the landscaping and infrastructure present on Council verges, as you will be required to make good damage to Council property.

Common boundary

When removing fences that are on the common boundary with your neighbour you must give your neighbour 28 days notice in writing that you intend to remove the dividing fence. Where the neighbour has a pool, particular care must be taken to ensure the pool is not left exposed, if temporary fencing is installed the temporary fence must comply with AS 1926.1 – Swimming pool safety. We recommend that you consider the Fences and the Law booklet available on line and follow the processes outlined in the booklet.

Where it is intended to erect external walls on the boundary the face of the external wall must be on the boundary. Further, barge boards, capping tiles or other fixtures on the boundary wall must not encroach upon the land of the adjoining owner. Existing fence lines may not be the true legal boundary. To avoid violation of neighbour’s rights, the onus of proof of the boundary line rests with the owner of the land where the work is undertaken. This will necessitate a survey being carried out by a licensed surveyor to identify the true location of the boundary and proposed footing on the ground. You will need the neighbour’s written approval to enter their land to carry out any construction.



Neighbours

Construction within an established neighbourhood can be a stressful time for existing residents. You are urged to take all necessary precautions to ensure adjoining properties are not damaged or residents unreasonably impacted. In the interests of good neighbourliness you may wish to consider providing your contact details to all adjoining property owners inviting them to contact you should there be any concerns during the construction process.

Dust

Airborne dust and sand emissions potentially generated on site must be managed and this can be achieved by wetting down the soil and site during the demolition and construction process. If you have any concerns or questions in relation to dust you can contact the EPA on 8204 2004.

Asbestos

If there is asbestos material in or on the building or fencing to be demolished there are specific requirements for the method of removal and disposal of asbestos. The removal of asbestos over 10 square metres in area must be carried out by a licensed asbestos removal contractor in accordance with Safe Work SA requirements. For further information in relation to this please contact Safe Work SA on 1300 365 255.

Use of Public Space

Should any part of the development process require use of public land (ie, the footpath, nature strip, road or other reserve), additional permits will be required.

Examples of such activities include storage of materials, delivery of materials from public land, placing of temporary fences on public land, blocking of the road, footpath or nature strip for any period of time.

Where works from public space impact vehicular or pedestrian traffic, you will be requested to lodge a Traffic Management Plan that adheres to the requirements of the relevant Australian Standards.

Additional fees and charges may apply, please contact the Council’s Compliance Team on 8408 1380 to discuss your projects needs.



Environment Protection Note

The Environment Protection (Water Quality) Policy 2003 requires any person who is undertaking an activity, or is an occupier of land to take all reasonable and practicable measures to avoid the discharge or deposit of waste from that activity or land into any waters or onto land in a place from which it is likely to enter any waters (including the stormwater system).

The policy also creates offences that can result in on-the-spot fines or legal proceedings. The following information is provided to assist you to comply with this legislation:

1. Building and construction should follow sediment control principles outlined in the Stormwater Pollution Prevention – Code of Practice for the Building and Construction Industry (EPA 1999). Specifically, the applicant should ensure:

During construction no sediment should leave the building and construction site. Appropriate exclusion devices must be installed at entry points to stormwater systems and waterways.

A stabilised entry/exit point should be constructed to minimise the tracking of sand, soil and clay off site. However, should tracking occur, regular clean-ups are advised.

2. Litter from construction sites is an environmental concern. All efforts should be made to keep all litter on site. The applicant should ensure that bins with securely fitted lids, capable of receiving all waste from building and construction activities, are placed on site.

3. All building and construction wastewaters are listed pollutants under the Environment Protection (Water Quality) Policy 2003 and as such must be contained on site.

It is important that you familiarise yourself with the terms of the Policy and ensure that all contractors engaged by you are aware of the obligations arising under it.

For further information please contact the Environment Protection Authority on telephone (08) 8204 2004.

Carried



GRANGE WARD

ITEM 3.33 4A SEATON TERRACE SEATON SA 5023 21 Diamanti Design

One two storey group dwelling and two, two storey residential flat buildings each comprising of two dwellings (5 dwellings in total)

Decision

A. Reason for Decision

The Panel has read and considered the report prepared by the Senior Planner dated 18 May 2016 and agrees with the assessment outlined in that report.

B. That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan consolidated 5 November 2015.

C. Reserved Matters

The following detailed information shall be submitted for further assessment and approval by the Manager Planning and Development as delegate of the DAP as reserved matters under Section 33(3) of the Development Act 1993:

(a) A stormwater management plan (SMP) must be provided to the Council and approved prior to Development Approval being granted. The SMP must demonstrate that the following minimum design standards have been achieved;

Any net increase in peak stormwater discharge from the site (post-development to pre-development) for the design storm event (major) shall be managed and/or disposed of on-site via an engineered drainage system (detention, retention, and/or combination of both and/or other engineered means). Stormwater runoff discharge into Council's downstream drainage network from the site shall be restricted to pre-development Q5 flows.

This shall be achieved by restricting the flow through detention, retention or other means and/or combination of all such engineered systems.

The design event shall be the 1:100 ARI storm event.

The design shall incorporate a purple pipe system integrated with the ASR system.



The FFL should be a minimum of 150mm above the 100 year ARI event level of the surrounding street

(b) An improved landscaping plan that incorporates a greater mix of trees, shrubs and groundcovers to the front of the site and along the shared driveway shall be provided to the satisfaction of Council.

D. Reserved Conditions

Pursuant to Section 33(1) of the Development Act 1993 the Council reserves its decision on the form and substance of any further conditions of development plan consent that it considers appropriate to impose in respect of the reserve matters and delegates this to the Manager Planning and Development.

E. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 252/0295/16 be GRANTED Development Plan Consent subject to the following conditions:

1. Develop in accordance with the approved plans

That the proposal shall be developed in accordance with the details and approved plans stamped by Council except where varied by the conditions herein and shall be completed prior to occupation of the proposed development.


2. Concrete Plinth around Landscaping

That all landscaped areas be bordered by a 150mm high concrete plinth or similar.

Reason: To protect the landscape area.

3. 1.5 metre high sill height

That the side and rear upper storey windows to all dwellings and front upper storey windows to dwellings 2 to 5 shall have a minimum 1.5 metre high sill height above the finished floor level or have translucent glass/film to a minimum height of 1.5 metres. The translucent glass/film windows shall be fixed or be provided with awning sashes that do not exceed an open distance of 125mm.

Reason: To minimise the impact on adjoining residents.



Note: With respect to this condition other forms of screening can be used as long as it can be demonstrated to Council that such screening will prevent overlooking. However, should you wish to use an alternative screening method you are required to lodge an application to vary the above condition.

4. Stormwater be directed away from neighbouring properties

All stormwater runoff shall be directed away from neighbouring properties.

Reason: To ensure stormwater is disposed of in a controlled manner.

5. Stormwater Condition

All stormwater from buildings and paved areas shall be disposed of in such a manner that it does not result in the entry of water into a building or affect the stability of a building.


Notes

1. The approval for this development DOES NOT imply approval to alter, shift or remove any existing public infrastructure, including street trees and/or landscaping or any other street furniture or features. Approval to alter any of these must be obtained from Council or the relevant government department or service authority. All costs associated with such alteration are the sole responsibility of the applicant.

2. Development Approval must be received for this development within 12 months of the date of this Development Plan Consent.

You will require a fresh Development Plan Consent and Development Approval before commencing or continuing the development if you are unable to satisfy these requirements.

3. You are advised that construction or alteration of any footpath, kerb, gutter or crossover on Council land will require a permit, under the Local Government Act 1999 from Council's Engineering Strategy and Asset Department. It is illegal to undertake work on Council land without permission



If the existing entranceway (driveway cross-over) is to be removed it must be re-instated with kerb and gutter, including appropriate restoration of the footpath and verge, to Council's standard specification. Please contact Council's Engineering Strategy and Asset Department to confirm the required standards.

Driveway cross-overs which affect a pedestrian footpath should maintain the level of the footpath or be consistent with the proposed footpath levels in instances where the footpath has not being constructed. When final Development Approval is applied for this should be shown on the plans. Please note that construction is to be in accordance with the Disability Discrimination Act and relevant Australian Standards.

To ensure your development can now proceed without unnecessary delays please ensure the matters outlined below are properly managed.

The following information outlines your obligations in relation to appropriately managing noise, dust and works effecting adjoining land (both private and public).

Driveway Crossovers

If you are relocating an existing driveway crossover you must remove and reinstate the old crossover to match the existing kerb profile, footpath and verge. You will require a permit to work on Council land to construct your new driveway crossover whichmust be constructed to Council specification. Please contact Council on 8408 1111 or refer to our website http://www.charlessturt.sa.gov.au/page.aspx?u=808&c=4118 for relevant specifications.

Council Verges

Please take every precaution necessary to avoid damage to the landscaping and infrastructure present on Council verges, as you will be required to make good damage to Council property.

Common boundary

When removing fences that are on the common boundary with your neighbour you must give your neighbour 28 days notice in writing that you intend to remove the dividing fence. Where the neighbour has a pool, particular care must be taken to ensure the pool is not left exposed, if temporary fencing is installed the temporary fence must comply with AS 1926.1 – Swimming pool safety. We recommend that you consider the Fences and the Law booklet available on line and follow the processes outlined in the booklet.

Where it is intended to erect external walls on the boundary the face of the external wall must be on the boundary. Further, barge boards, capping tiles or other fixtures on the boundary wall must not encroach upon the land of the adjoining owner. Existing fence lines may not be the



true legal boundary. To avoid violation of neighbour’s rights, the onus of proof of the boundary line rests with the owner of the land where the work is undertaken. This will necessitate a survey being carried out by a licensed surveyor to identify the true location of the boundary and proposed footing on the ground. You will need the neighbour’s written approval to enter their land to carry out any construction.

Neighbours

Construction within an established neighbourhood can be a stressful time for existing residents. You are urged to take all necessary precautions to ensure adjoining properties are not damaged or residents unreasonably impacted. In the interests of good neighbourliness you may wish to consider providing your contact details to all adjoining property owners inviting them to contact you should there be any concerns during the construction process.

Dust

Airborne dust and sand emissions potentially generated on site must be managed and this can be achieved by wetting down the soil and site during the demolition and construction process. If you have any concerns or questions in relation to dust you can contact the EPA on 8204 2004.

Asbestos

If there is asbestos material in or on the building or fencing to be demolished there are specific requirements for the method of removal and disposal of asbestos. The removal of asbestos over 10 square metres in area must be carried out by a licensed asbestos removal contractor in accordance with Safe Work SA requirements. For further information in relation to this please contact Safe Work SA on 1300 365 255.

Use of Public Space

Should any part of the development process require use of public land (ie, the footpath, nature strip, road or other reserve), additional permits will be required.

Examples of such activities include storage of materials, delivery of materials from public land, placing of temporary fences on public land, blocking of the road, footpath or nature strip for any period of time.

Where works from public space impact vehicular or pedestrian traffic, you will be requested to lodge a Traffic Management Plan that adheres to the requirements of the relevant Australian Standards.

Additional fees and charges may apply, please contact the Council’s Compliance Team on 8408 1380 to discuss your projects needs.



Environment Protection Note

The Environment Protection (Water Quality) Policy 2003 requires any person who is undertaking an activity, or is an occupier of land to take all reasonable and practicable measures to avoid the discharge or deposit of waste from that activity or land into any waters or onto land in a place from which it is likely to enter any waters (including the stormwater system).

The policy also creates offences that can result in on-the-spot fines or legal proceedings. The following information is provided to assist you to comply with this legislation:

1. Building and construction should follow sediment control principles outlined in the Stormwater Pollution Prevention – Code of Practice for the Building and Construction Industry (EPA 1999). Specifically, the applicant should ensure:

During construction no sediment should leave the building and construction site. Appropriate exclusion devices must be installed at entry points to stormwater systems and waterways.

A stabilised entry/exit point should be constructed to minimise the tracking of sand, soil and clay off site. However, should tracking occur, regular clean-ups are advised.

2. Litter from construction sites is an environmental concern. All efforts should be made to keep all litter on site. The applicant should ensure that bins with securely fitted lids, capable of receiving all waste from building and construction activities, are placed on site.

3. All building and construction wastewaters are listed pollutants under the Environment Protection (Water Quality) Policy 2003 and as such must be contained on site.

It is important that you familiarise yourself with the terms of the Policy and ensure that all contractors engaged by you are aware of the obligations arising under it.

For further information please contact the Environment Protection Authority on telephone (08) 8204 2004.

Carried 4. ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT MATTERS Determine whether or not to accept or reject a compromise. Nil



5. INFORMATION REPORTS Receive Information reports. Nil 6. POLICY ISSUES IDENTIFIED To consider and document any Development Plan policy issues arising from the

meeting. Consideration could be given to policy that supports improved landscaping of

medium to higher density development as the Development Plan or its replacement is updated.

7. BUSINESS – PART II – CONFIDENTIAL ITEMS Nil 8. GENERAL BUSINESS Nil 9. MEETING CLOSURE The meeting concluded at 6:49 pm. The foregoing minutes are to be taken as read and confirmed at the meeting of the Panel on Wednesday, 1/6/2016. S JOHNSTON, PRESIDING MEMBER ............................................................. DATED / /

Development Assessment Panel Minutes for 18 May · PDF fileDEVELOPMENT ASSESSMENT PANEL...

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