Notice of Panel Meeting - City of West Torrens · Notice of Panel Meeting . NOTICE IS HEREBY GIVEN...

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, 11 DECEMBER 2012 at 5.00 PM

Terry Buss Chief Executive Officer

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 11 December 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 ............................................... 2

6.1 23 Hawson Avenue, NORTH PLYMPTON .................................................. 2

6.2 42 Douglas Street, LOCKLEYS ................................................................. 20

6.3 20 Rio Vista Avenue, WEST BEACH ........................................................ 49

6.4 9 Wongala Avenue, GLENELG NORTH.................................................... 67

6.5 11 McLachlan Avenue, GLENELG NORTH .............................................. 84

6.6 56 Bickford Street, RICHMOND .............................................................. 120

6.7 7-21 Lipsett Terrace, BROOKLYN PARK ............................................... 133

6.8 42 Hayward Avenue, TORRENSVILLE ................................................... 164

6.9 244 Henley Beach Road, UNDERDALE (Deferral Response) .............. 199

6.10 36 Jervois Street, TORRENSVILLE ........................................................ 236

6.11 60 Ayton Avenue, FULHAM (Dwelling A) .............................................. 249

6.12 60 Ayton Avenue, FULHAM (Dwelling B) .............................................. 262

7. CONFIDENTIAL REPORTS OF MANAGER CITY DEVELOPMENT ............... 275

8. SUMMARY OF COURT APPEALS .................................................................... 275

8.1 Summary of Court Appeals ..................................................................... 275

9. MEETING CLOSE ............................................................................................... 275

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 1 1. MEETING OPENED

1.1 Evacuation Procedure 2. PRESENT

3. APOLOGIES

Leave of Absence: Cr Scotcher 4. CONFIRMATION OF MINUTES

RECOMMENDATION That the Minutes of the meeting of the Panel held on 13 November 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."

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 11 December 2012 Page 2 6. REPORTS OF MANAGER CITY DEVELOPMENT

6.1 23 Hawson Avenue, NORTH PLYMPTON Application No. 211/1041/2012 Appearing before the Panel will be: Representors: Colin Levi Jones of 21 Hawson Avenue, North Plympton, wishes to

appear in support of the representation. Applicant: Angelo Nikitaras of 23 Hawson Avenue, North Plympton, wishes to

appear to respond to the representations. DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Demolition of existing outbuildings and carport;

construction of a two storey detached dwelling including a single garage under the main roof; and construction of an attached carport and 1.8m masonry pillar fence associated with the existing dwelling.

APPLICANT A Nikitaras APPLICATION NO 211/1041/2012 LODGEMENT DATE 11 October 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 21 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

§ Nil External § Nil

ASSESSING OFFICER Jasmine Walters DEVELOPMENT PLAN VERSION

2 February 2012

MEETING DATE 11 December 2012 RECOMMENDATION CONSENT

BACKGROUND

This application was lodged with Council on 11 October 2012. As the proposal is for a two storey dwelling, the application was placed on public notification on 2 November 2012. Two representations were received and one representor has requested the opportunity to appear before the Panel. PREVIOUS or RELATED APPLICATION(S) · DA 211/1107/2012 - Torrens Title Land Division, create one (1) additional allotment (Pending

outcome of this application)

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 3 SITE AND LOCALITY

The subject land is described as Allotment 13 Deposited Plan 2947 in the area named North Plympton Hundred of Adelaide as contained in Certificate of Title Volume 5512 Folio 527. The land is more commonly known as 23 Hawson Avenue, North Plympton. The subject land is a rectangular allotment located on the corner of Hawson Avenue and Neston Avenue and includes a corner cut off of approximately 3 metres by 3 metres. The land has a site area of approximately 789.5 square metres with a frontage to Hawson Avenue of approximately 17 metres and a frontage to Neston Avenue of approximately 36.6 metres. The site currently contains a single storey detached dwelling and numerous ancillary structures such as verandahs, pergolas, carports/garages and outbuildings. The subject land is located within the Residential Zone and more particularly Residential Policy Area 21. The site is approximately 60 metres south of the Southern Cross Care aged care facility and approximately 80 metres east of the Local Centre Zone. The locality consists predominantly of residential development mostly detached dwellings on large allotments, although infill and new development is evident within the locality. The site and locality are shown on the following maps.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 4

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 6 PROPOSAL

The applicant is seeking Development Plan Consent for the following:

· Demolition of the existing outbuildings and carport; · Construction of a two storey detached dwelling including a single garage under the main

roof; · Construction of a carport attached to the eastern side of the existing dwelling; and · Construction of a 1.8m high masonry pillar fence to the western side of the existing

dwelling. A copy of the proposal is contained in 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 EXISTING DWELLING

PROPOSED DWELLING

SITE AREA Residential Policy Area 20 PDC 2

340m²

476m²

Satisfies

313m²

Does Not Satisfy

SITE FRONTAGE Residential Policy Area 20 PDC 2

10m

17m

Satisfies

15.63m

Satisfies

SITE COVERAGE Residential Development PDC 30

Site area 301-450m² -

Maximum 50%

Site area 451-800m² - Maximum 45%

27.6%

approximately

Satisfies

40%

approximately

Satisfies

STREET SETBACK Residential Development PDC 18

At least the average

setback of the adjacent buildings

(approx. 2m)

Unchanged

4.7m

Satisfies

SIDE/REAR SETBACKS Residential Development PDC 23

Side

0m/1m (single storey) 2m (two storey)

0m (E)

6.6m (W)

Satisfies

N – 0m(G), 2m(U)

S – 0m(G), 5.3m(U)

Does Not Satisfy

Rear

3m (single storey) 8m (two storey)

1m setback

Does Not Satisfy

5.4m (G), 6.5m (U)

Does Not Satisfy

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 7 PRIVATE OPEN SPACE Residential Development PDC 33

Minimum 20%

21.9%

Satisfies

29.4%

Satisfies

LANDSCAPING Landscaping, Fences & Walls PDC 4

Minimum10%

38.5%

approximately

Satisfies

22.5%

approximately

Satisfies

CARPARKING SPACES Transport and Access PDC 33

2 car-parking spaces required (1 of which is

covered)

2 spaces provided

(1x covered)

Satisfies

2 spaces provided

(1x covered)

Satisfies

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: Thirteen (13) properties were notified during the public

notification process. Representations: Two (2) representations were received.

· Janet Haley · Colin Levi Jones

Persons wishing to be heard:

Mr Jones identified that he wishes to address the Panel.

Summary of Representations:

Concerns were raised regarding the following matters; · Proposal would impact existing boundary development

supported by boundary fence · Inconvenience during construction period · Two storey dwelling would make occupants feel enclosed · Two storey development generally inappropriate due to

airport flight path

The applicant has not provided a response to the representations. A copy of the representor's concerns is contained in Attachment 2.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 8 REFERRALS

Internal City Assets - Civil Engineer A referral to Council’s City Assets Department was not deemed necessary in this instance for the following reasons: · The existing crossovers will be utilised. · The proposed stormwater connection will be located a suitable distance from

existing/proposed verge features. · The land is relatively flat and is not located within or near a prescribed 1-in100 year Flood

Zone, as such a finished floor level of minimum 350mm above the watertable adjacent the site of the development is considered adequate.

ASSESSMENT

The subject land is located within the Residential Zone and more particularly Residential 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, 3, 6, 7 & 8

Design and Appearance Objectives 1 & 2

Principles of Development Control 1, 2, 3, 4, 5, 7, 8, 9, 10, 12 & 16

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

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

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, 3, 5 & 6

Residential Development

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

15, 16, 18, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 38, 39, 40, 46 & 47

Transportation and Access Objectives 2 Principles of Development Control 23, 24, 26, 29, 33, 34, 35

& 36

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 9 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 & 4 Principles of Development Control 1, 3, 6, 7 & 8 Policy Area: Residential 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 following are discussed: Land Use and Zoning The subject land is located within the Residential Zone and more particularly Residential Policy Area 21. The Residential Zone permits two storey development and several examples are evident within the immediate locality, as such the proposed dwelling is considered in keeping with the desired character and relevant provisions of the zone. In addition, as a form of infill development the proposed dwelling is considered in keeping with the desired character of Residential Policy Area 21. The proposed dwelling is also considered compatible with the existing built form, external finishes, bulk, scale and setbacks of the streetscape and locality.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 10 Site Area Residential Zone, Residential Policy Area 21, Principle of Development Control 2 states: "A dwelling should conform to the following site areas and have a frontage to a public road not less than that shown in the following table: Dwelling type Minimum site area

(m²) Average site area (m²)

Minimum site frontage to a public road excluding hammerhead or battle axe allotments (m)

Detached 340 minimum N/A 10 Other dwellings N/A 340 10 Supported accommodation and housing for seniors

N/A 250 20

The proposed dwelling has a shortfall of approximately 27 square metres of the recommended minimum site area of 340 square metres. Impacts on the existing streetscape character and locality are considered minimal in this instance for the following reasons:

· The shortfall is relatively moderate; · The subject land has the advantage afforded a corner allotment and exceeds the

minimum frontage requirements; and · The proposal is consistent with the existing allotment patterns within the locality and will

present a dwelling to the street that is in keeping with the existing built form, setbacks and character.

In consideration of the above, the shortfall in this instance is not considered critical to the application. Setbacks and Boundary Walls General Section, Residential Development, Principle of Development Control 23 states: "Dwellings and residential flat buildings should be set back from the side and rear boundaries in accordance with the following table: Parameter Minimum Values (metres) Side boundary setback where the vertical side wall is 3 metres or less in height (measured from the existing ground level at the boundary of the adjacent property as per Figure 1)

Figure 1

1

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 11 Side boundary setback where vertical side wall measures between 3 to 6 metres in height (measured from the existing ground level at the boundary of the adjacent property as per Figure 1)

2

Side boundary setback where the vertical side wall is greater than 6 metres in height (measured from the existing ground level at the boundary of the adjacent property as per Figure 1)

2 metres plus an additional setback which is equal to the increase in wall height above 6 metres

Rear boundary setback for single storey components of a building

3

Rear boundary setback for two storey components of a building

8

The proposed dwelling has a shortfall in meeting the suggested 1 metre side setback, however impacts on the streetscape are minimal as the dwelling will be replacing numerous existing structures (i.e. outbuildings, garage, verandahs, pergolas) located abutting the secondary street boundary). In addition, the proposed garage incorporates a roller door to the front and rear allowing access to the rear yard for storage of bins and the like. The proposal includes a rear setback of 1 metre for an approximate 3.6 metre portion of the existing dwelling. This will mostly impact on one (1) bedroom window of the existing dwelling, however it will not compromise access to sunlight/daylight to the solar orientation of the site and will not compromise the amenity and outlook of the main internal living spaces or private open space. The upper floor of the proposed dwelling will be set back approximately 6.5 metres from the rear property boundary. Impacts on the adjoining owners/occupants at 21 Hawson Avenue are minimised as the main living spaces of the adjoining dwelling are located approximately 15 metres from the proposed upper storey wall and will be further separated by existing boundary structures (i.e. verandah/outbuilding) located on the adjoining land. In addition, the two storey component of the dwelling is limited in its expanse, it will incorporate windows and the upper and ground floors are divided by roofing elements, thus minimising the visual impact to the adjoining owners/occupiers. The proposed dwelling incorporates a boundary wall of approximately 8.5m on the northern side boundary, a shortfall of approximately 0.5 metres from the recommend minimum of General Section, Residential Development Principle of Development Control 25. The rear bedroom window of the existing dwelling will be most affected, however as previously discussed impacts will be minimal. Overlooking and 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 of Development Control 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".

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 12 Residential Development Principle of Development Control 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 of Development Control 14: "Development should ensure that ground-level open space of existing building s receives direct sunlight for a minimum of two hours between 9.00am and 3.00pm 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)". There will be some constant shadow cast directly over the southern adjoining land, however impacts are minimised by the existing boundary development consisting of a carport/verandah and will not impact any habitable room windows or private open space. General Section, Residential Development Principle of Development Control 39 states: "Upper level windows, balconies, terraces and decks should have a sill height of not less than 1.7 metres or be permanently screened to a height of not less than 1.7 metres above finished floor level to avoid overlooking into habitable room windows or onto the useable private open spaces of other dwellings". The proposed dwelling incorporates upper floor windows facing east and south. These windows will either be located a minimum of 1.7 metres above the internal floor level or be treated with fixed obscured glass. It is noted that the elevations provided by the applicant detail that all upper floor windows shall incorporate fixed obscure glass to a height of 1.65 metres above the floor level, as such it is recommended that an appropriate condition be imposed to ensure adequate visual privacy is attained. Storage General Section, Residential Development, Principle of Development Control 38 states: "A dwelling or residential flat building should incorporate a minimum storage area of 8 cubic metres for goods and chattels, other than food and clothing, within at least one of the following:

(a) a non habitable room of the dwelling and/or residential flat building (b) a garage, carport or outbuilding (c) an on site communal facility".

There is adequate opportunity for a domestic outbuilding for both the existing and proposed dwelling without significantly compromising amenity or private open space. As a small outbuilding will not constitute development and adequate opportunity exists it is not considered necessary to include storage as part of this application or condition that plans be amended prior to application for Building Rules Consent.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 13 SUMMARY The proposed development is generally in accordance with the relevant provisions of the Development Plan and is an appropriate form of development for the zone and policy area. Shortfalls in site area, setbacks and boundary walls are not considered critical to the merits of the application and are a consequence of the applicant maximising the potential of the site. In addition, the shortfalls will not result in significant impacts on the adjoining properties or the streetscape character or locality and are minor in consideration of the context of the site of the 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 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. 211/1041/2012 by A. Nikitaras to undertake demolition of existing outbuildings and carport; construction of a two storey detached dwelling including a single garage under the main roof; and construction of an attached carport and 1.8m pillar fence associated with the existing dwelling at 23 Hawson Avenue, North Plympton (CT 5512/527) 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 a minimum of 350mm above the highest point of the

watertable adjacent to the subject site.

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

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

6. That the carport approved herein shall not be enclosed and therefore kept as an open

structure at all times.


7. 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.

8. That the upper level rear and southern side windows 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.

9. 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 11 December 2012 Page 20 6.2 42 Douglas Street, LOCKLEYS Application No. 211/209/2011 Appearing before the Panel will be: Representors: Nick and Betty Angelopoulos of 7 Peter Street, Lockleys, wish to appear

in support of the representation. Mr Endel Otson of 9 Peter Street, Lockleys, wishes to appear in support of the representation.

Applicant: Jim Diamanti of Diamanti Designs wishes to appear to respond to the representations.

DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Demolition of existing detached dwelling and construction

of a single-storey detached dwelling & a two-storey residential flat building containing two (2) dwellings

APPLICANT Diamanti Designs APPLICATION NO 211/209/2011 LODGEMENT DATE 4 March 2011 ZONE Residential POLICY AREA 38 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

§ City Assets - Civil Engineer External § Nil

ASSESSING OFFICER Adam Williams DEVELOPMENT PLAN VERSION

3 February 2011


BACKGROUND

The application was placed on Category 2 public notification. Two representations were received in response to the notification process. Both respondents requested the opportunity to be heard by the Development Assessment Panel. The application was refused on 2 March 2011 due to failure to provide information. The applicant appealed to the Environment Resources & Development Court and it was subsequently agreed to have the decision overturned and allow the applicant more time to submit information. The outstanding information was submitted in November 2012.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 21 PREVIOUS or RELATED APPLICATION(S) DA 211/565/2007 Removal of a significant tree – Approved. DA 211/52/2001 Demolition of existing Dwelling and Construction of One Single Storey

Dwelling & Two x Two Storey Group Dwellings – Refused (Failure to provide additional Information).

SITE AND LOCALITY

The subject land is described as Allotment 2, Deposited Plan 4605 in the area named Lockleys Hundred of Adelaide as contained in Certificate of Title Volume 5680 Folio 768. The land is more commonly known as 42 Douglas Street, Lockleys. The subject land is a single allotment that has a configuration similar to an irregular pentagon. The land is approximately 1144 square metres with a frontage to Douglas Street of approximately 18.5 metres. The land is elevated which results in the front section of the land having a steeper gradient that the rest of the site. The land flattens out around the centre of the site and there is a gradual fall in level towards the northern property boundary. Access is available from Douglas Street only. The site currently accommodates a single storey detached dwelling with two ancillary outbuildings (garage and small tool shed). A verandah is attached to the rear of the dwelling. The dwelling, like many original buildings in the area, was constructed in the post World War Two period (1950 -1960’s). The land has very little vegetation coverage for a site of its size with vegetation mostly concentrated in the front, south west, corner of the site. Douglas Street runs north-south however it contains a couple of ‘elbows’ which comprise small, vegetated reserves within the road reserve. One such ‘elbow’ is located immediately in front of the subject land. The locality is residential in nature, with new single storey and double-storey dwellings replacing original single-storey detached dwellings. Many of the original allotments are also being subdivided. The dwellings within the Douglas Street locality are diverse in appearance, age and variety. The site and locality are illustrated on the attached locality map and aerial photograph.


The proposal seeks consent for the demolition of an existing single storey detached dwelling and the construction of a new single storey detached dwelling and a two storey residential flat building comprising two dwellings. The detached dwelling will be constructed at the front of the site and the residential flat building behind the detached dwelling. Two driveways will be constructed, one to the detached dwelling, the other to the rear dwellings. The detached dwelling will comprise three bedrooms (one with ensuite and walk in robe), meals/family room, living room, kitchen, laundry and toilet, bathroom, powder room and toilet, and double garage. An alfresco/terrace area will be attached to the rear of the dwelling and a porch to the front of the dwelling. The residential flat building will comprise two dwellings. The floor plans contain: Ground floor: Entry, living room, meals and family area, kitchen, stairs, laundry, powder room and toilet and single garage. First floor: three bedrooms (one with walk in robe and ensuite), bathroom, powder room and toilet, television area, stairs and balcony. Both dwellings will have an alfresco/terrace area at the rear and porches at the front. A copy of the documentation provided with the application is contained in 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 DWELLING 1 DWELLING 2 DWELLING 3


420m²

Approx 340m² Not Satisfied

Approx 400m² (average) Not Satisfied

Approx 400m² (average) Not Satisfied


12m

Approx 12m Satisfies

N/A

N/A

SITE COVERAGE Council Wide PDC 98

Between 300m² & 450m² 50%

Approx 50% Satisfies



STREET SETBACK Council Wide PDC 92

8.5 m & 8.0

m (Design

Tech. 92.2)

7.0 metres (Ave) Not Satisfied

N/A

N/A


DEVELOPMENT

PLAN PROVISIONS

STANDARD DWELLING 1 DWELLING 2 DWELLING 3

SIDE/REAR SETBACKS Council Wide PDC 94

Side 0m /

1.0m (Design

Tech. 94.1)

Upper level 2.0m

(Design Tech. 94.2

0.0 metres for a wall length of 5.8m and 3.6m high then increasing to 3.35 m Not Satisfied

1.0 & 2.0 m for ground floor and 2.0 m for upper floor Satisfies

No less than 2.0m for both ground floor and upper floor Satisfies

Rear 3m (Design

Tech. 94.5)

Upper level Rear 8m (Design

Tech. 94.6)

Varying setbacks to a future boundary of 1.2m, 3.1m & 5.0m Not Satisfied

No less than 3.1m for ground floor & 4.8m for upper floor Not Satisfied

No less than 12.2m for ground floor and 13.2m for upper floor Satisfies

PRIVATE OPEN SPACE Council Wide PDC 103

Min 20% (Design

Tech. 103.2)




CARPARKING SPACES Council Wide PDC 123

2 car parking spaces (incl. 1 covered) (Design Tech. 123.1) 1 shared visitor space

(Design Tech. 123.2)

4 provided (2 covered) Satisfies

2 provided (1 covered Satisfies

2 provided (1 covered) Satisfies

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 26 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 Residential Zone, Principle of Development Control 19. Properties notified: Fifteen (15) properties were notified during the public



Two (2) representors identified that they wish to address the Panel.

· Nick and Betty Angleopoulos · Endel Otson


Concerns were raised regarding the following matters; · Two-storey flat building unsuitable · Ground level too high for building · Insufficient side and rear boundary setbacks · Finished fence heights · Decreasing property values · Overlooking · Overshadowing · Television transmission will be compromised · Large windows in the back sitting room

The Applicant has provided a response to the representations, as summarised below: · All upper storey windows will have fixed and obscure glazing to a height of 1.7 m above floor

level · Development will enhance property values · The ground floor to ceiling level is 2.7m · The walls of the buildings are in accordance with Council guidelines · All fences are 1.8 m high but amiable to increase to 2.0m if it satisfies privacy concerns · The two storey dwellings are set back quite substantially from the three boundaries and

shadowing to neighbours will be minimal · Large glass windows in the back sitting room are at single storey only and do not provide

overlooking to adjoining properties A copy of the representors’ concerns and the applicant’s response is contained in Attachment 2.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 27 REFERRALS

Internal • City Assets - Civil Engineer The application was forwarded to Council’s City Assets Department for review. The following comments are a summary of the most recent comments provided by the department: · Elements of the vehicle manoeuvrability for the rear dwellings appear to be satisfactory in

consideration to the requirements of the relevant Australian Standard (AS/NZS 2890.1:2004). · The verge interaction is acceptable; · The proposed finished floor levels satisfy the minimum requirements; · Conditions be attached to the proposed development regarding storm water management. A full copy of the relevant reports are attached, refer Attachment 3. ASSESSMENT

The subject land is located within the Residential Zone and more particularly Policy Area 38 as described in the West Torrens (City) Development Plan (Consolidated 3 February 2011). The main provisions of the Development Plan which relate to the proposed development are as follows: Council Wide Provisions

Objectives 25, 26, 28 and 30 Principles of Development Control 46, 53, 54, 81-84, 87-93, 95, 97-110, 113-118,

123-131 Residential Zone

Objective 1-3 Principles of Development Control 1,2,5,7,14,15 and 19

Residential Policy Area 38

Objective 1 Principles of Development Control 1 & 2

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 The subject land is located in the Residential Zone and more specifically Policy Area 38. The zoning encourages residential development with dwellings having site areas of 420 square metres or average site areas of 420 square metres per dwelling. The subject land is approximately 1144 square metres which equates to sites of approximately 381 square metres per dwelling if applying the average approach to site calculations. These areas fall short of 420 square metres.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 28 The configuration of the development however suggests the front dwelling will eventually be divided from the other dwellings therefore a more appropriate approach is to calculate the likely site area for the front dwelling and then apply the average approach to the sites of the two rear dwellings. This equates to the front dwelling having a site of 340 square metres and the two rear dwellings having an average site area of 400 square metres each. A review of the locality was conducted to appreciate the context of the subject land and the character of the locality. It revealed that little consistency exists among the allotments in the upper Douglas Street locality, especially in terms of shape and size. Many of the allotments fall short of the 420 square metres encouraged by the Development Plan while others easily exceed it. There are also existing allotments with common driveways and, like the proposed development, configured to have dwellings sited behind each other. Two examples of this type of allotment arrangement are immediately to the rear of the subject land and across the road. In light of these observations, and with regard to the proposal’s deficiencies in terms of site area, it is reasonable to conclude the upper Douglas Street locality is quite accommodating of allotments that are less than 420 square metres and in this instance the proposed development will complement the existing allotment character of the locality. Setbacks The front setback of the front dwelling will be marginally closer to the front property boundary than the dwellings either side of the subject land. The impact of this positioning will be relatively insignificant as the orientation of the dwelling complements the curve of the street and is a similar depth to other dwellings within this location. Accordingly the difference in setbacks should be barely noticeable. The irregular allotment shape will result in part of the rear building having upper storey setbacks that are less than 8.0 metres to the rear boundaries. Given the shape of the land this inconsistency is limited to only part of the development with the majority of the setback being 8.0 metres or more from the respective property boundary. The upper storey setback is acceptable given the configuration of the subject land. The front dwelling will have a boundary wall that is greater than 3.0 metres in height. The wall height will be 3.6 metres high for a length of approximately 5.8 metres. The difference between the proposal and the height recommended by the Development Plan is considered minor given the wall length is less than 6.0 metres long and the difference in height is less than a metre. Overall the proposal presents some relatively minor inconsistencies with the setback guidelines however the sum of these inconsistencies is not significant given the scale of the development and the character of the land. Built form Concerns were raised by adjoining property owners regarding the two storey scale of the rear dwellings. This aspect of the proposal is possibly the most contentious, especially considering the topography of the land. Under the heading “Building Appearance and Neighbourhood Character” of the Council Wide section of the Development Plan, Principle 82 states: 82 Building appearance should be compatible with the desired character of the locality, in accordance with any relevant Zone or Policy Area, in terms of built form elements such as: (a) building height; (b) building mass and proportion;

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 29 (c) external materials, patterns, textures, colours and decorative elements; (d) ground floor height above natural ground level; (e) roof form and pitch; (f) facade articulation and detailing and window and door proportions; (g) verandahs, eaves and parapets; and (h) driveway crossovers, fence style and alignment. In the first instance, there are a number of two storey dwellings within the general locality, therefore two storey buildings are not foreign to the area. The articulation, materials and roof pitch of the dwellings will also be similar to many of the newer dwellings constructed within the locality. The subject land is however on elevated ground which may exaggerate the scale of the rear building. To compensate for this situation the applicant has attempted to minimise the mass of the rear building through the use of windows, eaves, feature balconies and porches, and substantial variation to building lines. This approach should sufficiently break up the bulk of the building in response to challenges presented by the topography. In addition the position of the rear building will see it well setback from the street frontage and it is likely the building will be largely obscured by the buildings on the adjoining allotments. Unobscured views of the building are expected to be limited only to the immediate vicinity of the land. In terms of the visual impact on the adjoining properties to the north, the views of the building should be mostly of the ground floor terrace and limited parts of the ground floor and upper storey walls. The upper storey setback and variation in site levels between the subject land and northern adjoining properties should play a significant role in minimising the appearance of the dwellings. In this circumstance the common fences between the subject land and the adjoining properties should obscure most of the building. In conclusion the topography of the subject land and construction of two storey dwellings might have the potential to detract from the character of the locality however the design and siting approaches applied to the proposed development should be sufficient to mitigate the potential impact. Recent development activity in the locality and the changing character should further assist the proposed development to blend in with development on surrounding properties. Overlooking Concerns were also raised during the public notification process about overlooking. The applicant has designed the buildings to minimise overlooking by placing the upper storey windows on the side and rear elevations at a height no less than 1.7 metres above the upper floor level. A screening device is also proposed to the balconies. No screening treatments have been proposed for the front upper storey windows of the rear dwelling so a condition requiring screening to these windows will provide greater certainty for the adjoining property owners. Overshadowing The applicant has provided shadow diagrams with the development application. These diagrams provide evidence that suggest shadow from the proposed dwellings will not be problematic for adjoining property owners.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 30 SUMMARY The proposed development falls short on site area and the topography of the subject land presents challenges in terms of minimising the impact of building scale. The applicant has put forward a design that should overcome constraints of the site and the character of the locality is quite accommodating of the proposed development. The other inconsistencies associated with the Development Plan are relatively minor and overall there is sufficient merit for the proposal to be supported. 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 (City) Development Plan Consolidated 3 February 2011 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. 211/209/2011 by Diamanti Designs to undertake demolition of existing detached dwelling and construction of a single-storey detached dwelling & a two-storey residential flat building containing two (2) dwellings at 42 Douglas Street, Lockleys (CT 5680/768) 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. Each of the new dwellings approved herein shall be fitted with a stormwater detention tank

meeting the following design criteria:

a) Each dwelling is to be supplied with a 1000 litre detention storage tank; and b) The tanks shall be arranged such that stormwater is directed to the rainwater tank

first, and overflow from this tank should be directed to the detention tank; and c) A minimum of 100% of the roof area from each dwelling shall be directed to the

detention storage; and d) Discharge flow rate from the detention tank is to be limited through the utilisation of

an outlet orifice. The outlet orifice is to be 30mm diameter for each tank. Confirmation from an appropriately qualified engineer that the proposal satisfies the above requirements shall be provided to Council prior to Development Approval being issued.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 31 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


6. That all planting and landscaping shall be completed prior to occupation of the

commencement of the use of this development and be maintained in reasonable condition at all times. Any plants that become diseased or die shall be replaced with a suitable species.

7. That all the upper level windows of the rear dwellings shall, prior to occupation of the

building, be provided with:

a) Fixed, obscure glass to a minimum height of 1.7 metres above the upper floor level; and/or

b) Obscured glass to a height of 1.7 metres (minimum) above upper floor level, which is hinged at the top of the window panel and includes a wind-out mechanism restricted to no greater than 150mm.

The glazing and wind-out mechanism in these windows shall to be maintained in reasonable condition at all times.

8. A 1.7 metre high privacy screen shall be erected to the front of the proposed balconies to

prevent overlooking into the private open spaces of adjoining properties. The screens shall be no less than 1.7 metres above the finished floor level of the balconies.

9. The reversing bays should be clearly delineated on site through different coloured and/or

textured pavers. 10. 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 11 December 2012 Page 49 6.3 20 Rio Vista Avenue, WEST BEACH Application No. 211/1049/2012 Appearing before the Panel will be: Representor: Mrs B M Place of 4 Swan Avenue, West Beach, wishes to appear in support

of her representation. Applicant: Mr John Quinlan of 20 Rio Vista Avenue, West Beach, wishes to appear to

respond to representation. DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of a habitable outbuilding APPLICANT John Quinlan APPLICATION NO 211/1049/2012 LODGEMENT DATE 12 October, 2012 ZONE Residential PRECINCT N/A POLICY AREA 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

§ Nil External § Commonwealth Secretary for the Department of

Transport and Regional Services (Airport Height Referral Area)

ASSESSING OFFICER Zoe Delmenico DEVELOPMENT PLAN VERSION

2 February, 2012

MEETING DATE 11 December, 2012 RECOMMENDATION CONSENT

BACKGROUND

The application is to be decided by the Development Assessment Panel as notice of the application has been given pursuant to Sections 38(4) of the Act and a representation has been received. The person who made the representation has indicated an interest in appearing before the authority personally or by a representative in support of the representation. PREVIOUS or RELATED APPLICATION(S) DA 211/1272/2008 Construction of a two-storey detached dwelling (Development Approval

issued 21 May, 2009). DA211/1382/2008 Demolition of existing dwelling and associated outbuildings (Development

Approval issued 1 December, 2008).


The subject site is regular in shape, and is located on the eastern side of Rio Vista Avenue, West Beach. It has a frontage width of 18.90 metres to Rio Vista Avenue and a maximum depth of 37.19 metres, resulting in an overall site area of approximately 703m2. The site is currently occupied by an existing two-storey dwelling inclusive of a verandah and garaging. 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. The existing neighbourhood is characterised by residential uses predominantly comprised of single storey and two-storey detached and semi-detached dwellings, constructed with pitched roofs and generally of brick and / or render. Existing outbuildings within the immediate and surrounding neighbourhood are generally located at the rear of their respective sites. The site and locality are shown on the following maps.


It is proposed to construct a habitable outbuilding, ancillary to the existing dwelling on the site, for the purpose of a billiard room, workshop and art studio for use by the existing residents. The proposed outbuilding will be 6.151 metres wide and 12.2 metres long, resulting in an overall area of approximately 75m2, with a wall height of 2.7 metres and an overall height to the apex of 3.524 metres. The outbuilding is proposed to be constructed in 'slate grey' colorbond. 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 COVERAGE Residential Zone PDC 30

45%

53% Not Satisfied

PRIVATE OPEN SPACE Residential PDC 33

20% 141m2

230m2 (33%) Satisfied

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 Residential Zone. Properties notified: Seven (7) properties were notified during the public



One (1) representor identified that they wish to address the Panel. · Mrs B M Place of 4 Swan Avenue, West Beach


Concerns were raised regarding the following matters; · The setback of the outbuilding of 1 metre will result in

reduced sunlight to the family room and rear bedroom window of the dwelling at 4 Swan Avenue.

· Loss of privacy to 4 Swan Avenue · Excessive noise to 2 and 4 Swan Avenue as a result of

the proposed outbuilding · Excessive noise from air conditioning associated with

proposed outbuilding to 2 and 4 Swan Avenue · Creation of a vermin trap due to the proposed setback of

1 metre

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 54 The Applicant has provided a response to the representations, as summarised below: · Reduction in sunlight as a result of the outbuilding would be minimal (if any) to adjoining

properties due to existence of existing vegetation on the boundary between 20 Rio Vista Avenue and 4 Swan Avenue. The gutter line of the outbuilding is lower than the existing vegetation

· There is existing shadowing in the afternoon from the existing two-storey dwelling at 20 Rio Vista Avenue

· The 3 metres setback specified in the Development Plan refers to dwellings not sheds (habitable outbuildings) and therefore the setback to the boundary can be 600-900mm. A 1 metre setback to the rear is proposed.

· There are a number of existing large habitable outbuildings within the neighbourhood in close proximity to No. 20 Rio Vista Avenue.

· The outbuilding has been positioned to improve privacy to 4 Swan Avenue and will act as a noise barrier to the outdoor area of 4 Swan Avenue when having barbecues in the existing alfresco area.

· All doors and windows of the proposed outbuilding face 20 Rio Vista Avenue. · The setback of the outbuilding is in line with regulations for vermin control. · The distance between the properties is considerable enough to reduce any noise impact. · Sound insulation in the form of 80mm medium density foam or similar with plasterboard lining

can be added internally to reduce any potential noise impacts. · No machinery or equipment is to be fitted within the shed. · The uses within the shed will not generate any loud noise and will be conducted within the

legal requirements of noise nuisance laws. Any breach of this would be a police matter, not a Council matter.

· If an air conditioner is installed in the future it will not be sited facing the rear boundary and will meet current legal requirements with respect to noise.

A copy of the representor(s) concern(s) and the applicant’s response is contained in Attachment 2. REFERRALS

External Pursuant to Section 37 and Schedule 8 of the Development Act and Regulations, the application was referred to the Commonwealth Secretary for the Department of Transport and Regional Services (Airport Height Referral Area) who advised of no objection subject to standard notes being included on any consent.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 55 ASSESSMENT

The subject land is located within the Residential Zone, and more particularly 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

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

11, 12, 13, 14 & 15


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


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

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 4 Principles of Development Control 6

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 56 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 In assessing the merits or otherwise of the application, the following commentary is provided: Site Coverage The proposed site coverage is slightly greater than the maximum site coverage suggested under Principle of Development Control 30 of the Development Plan for a site of this size. 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. Land Use Residential Policy Area 20 PDC 1 - 1 The following forms of development are envisaged specifically in the policy area:

· domestic outbuilding in association with a dwelling. Residential Zone PDC 1 - The following forms of development are envisaged in the zone:

· domestic outbuilding in association with a dwelling. Residential Zone PDC 5 - The use and placement of outbuildings should be ancillary to and in association with a dwelling The proposal involves a form of development that is envisaged within the Residential Zone of the Development Plan. The outbuilding is ancillary to an existing dwelling and will be used for the activities of a residential nature undertaken by the occupants of the existing dwelling. The proposed use of the building is therefore considered appropriate in this instance.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 57 Siting There are no provisions within the Development Plan which suggest that outbuildings should be located at least 3 metres from a rear boundary. The only reference to rear setbacks relates to proposed dwellings. The most relevant provisions with respect to outbuildings are as follows: General Residential - Garages, Carports and Outbuildings PDC15 Garages, carports and outbuildings should have a roof form and pitch, building materials and detailing that complement the associated dwelling. PDC17 Residential outbuildings, including garages and sheds, should not be constructed unless in association with an existing dwelling. General Design & Appearance PDC 4 Where a building is sited on or close to a side boundary, the side boundary wall should be sited and limited in length and height to minimise: (a) the visual impact of the building as viewed from adjoining properties (b) overshadowing of adjoining properties and allow adequate sun light to neighbouring

buildings. The siting of the proposed outbuilding should not result in any unreasonable visual bulk or overshadowing of the private open space or north-facing habitable room windows of existing dwellings located adjacent to the site due to the wall height being limited to 2.7 metres, the orientation of the site and the existing vegetation along the site's eastern boundary. Noise The use of the outbuilding is ancillary to that of the existing residential dwelling on the site. It is not anticipated that the level of noise would be greater than that associated with a typical residential use of the site, including in the rear yard. Furthermore the outbuilding is not proposed to be used for a non-residential purpose. The applicant has advised that they will soundproof the outbuilding. As the outbuilding has been nominated as a habitable outbuilding it will be required to be required to be insulated and meet other standards consistent with the Building Code for a habitable outbuilding. 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 · The proposal generally satisfies the requirements of the West Torrens (City) Development

Plan. The outbuilding is not expected to compromise the amenity or enjoyment of adjoining properties and will be used in a manner consistent with residential land uses. 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.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 58 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 211/1049/2012 by John Quinlan to undertake the construction of a habitable outbuilding at 20 Rio Vista Avenue, West Beach (CT 5632/806) 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 residential outbuilding approved herein shall only be used for domestic purposes

in conjunction with the existing dwelling and not for industrial or commercial use. 3. The outbuilding is to be soundproofed with 80mm medium density foam (or similar) with

plasterboard lining or other equivalent materials with equal or greater acoustic properties. 4. 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. 5. 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 11 December 2012 Page 67 6.4 9 Wongala Avenue, GLENELG NORTH Application No. 211/1366/2010/A Appearing before the Panel will be: Representors: Terry Dale of 11 Wongala Avenue, Glenelg North wishes to appear in

support of the representation. Applicant: Ray Shagar of 9 Wongala Avenue, Glenelg North wishes to appear to

respond to the representations. DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Demolition of existing front verandah and carport and

construction of dwelling alterations and additions including a garage, bedroom and WIR. - Variation to an Authorisation Previously Given - Alterations to the facade appearance including an increase in the overall height, increase in size of walk-in-robe, changes to windows and the porch design and alterations to the garage including an increase in wall height, overall length and siting in relation to the dwelling.

APPLICANT M Shagar APPLICATION NO 211/1366/2010/A LODGEMENT DATE 19 July 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal



2 February 2012


DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 68 BACKGROUND Development Approval for the demolition of the existing front verandah and carport and the construction of dwelling alterations and additions including a garage, bedroom and walk-in-robe was granted on 27 June 2011. It subsequently came to Council's attention that the building works were not proceeding in accordance with the approved plans. A Section 84 Enforcement Notice was served on the applicant requiring all unauthorised works to be made good. The applicant has elected to submit this application to vary the authorisation previously given. Photographs of works to date are contained in Attachment 1, however it should be noted that the completed works have no bearing on this application as currently presented to the Panel for consideration as further variations are proposed. This application was lodged on 19 July 2012 by the applicant who seeks to vary the previous consent granted by Council. The application is presented to the Panel for consideration as the variation is not considered to be minor in nature, is considered to significantly depart from the original approval and the provisions of the West Torrens Council Development Plan. PREVIOUS or RELATED APPLICATION(S) · DA 211/1366/2010 Demolition of existing front verandah and carport and construction

of dwelling alterations and additions including a garage, bedroom and WIR. (Development Approval GRANTED 27 June 2011)

SITE AND LOCALITY

The subject land is described as Allotment 15 Deposited Plan 4664 as contained in Certificate of Title Volume 5361 Folio 706. The land is more commonly known as 9 Wongala Avenue, Glenelg North. The subject land is irregularly shaped and has a site area of approximately 696.8 square metres. The site has a frontage to Wongala Avenue measuring approximately 24.3 metres and a site depth of approximately 36.5 metres. The subject land consists of an existing single storey detached dwelling and associated verandah and outbuilding. The site adjoins and is located adjacent to single storey detached dwellings most of which were constructed post World War II, however some newer developments are evident. The subject site is located within the Residential Zone and more particularly Residential Policy Area 20. The site is located approximately 200 metres south of the Glenelg Golf Club. The locality comprises mostly residential development of low to medium densities. The locality has a somewhat established character, and while most dwellings were constructed circa 1950, have mature landscaping and are set well back from the street, there is some evidence of new development and to a lesser extent infill development. The site and locality are shown on the following maps.


The applicant seeks to vary an authorisation previously given (Development Application 211/1366/2010) to demolish the existing front verandah and carport, undertake alterations and additions to the dwelling including the facade, garage, bedroom and walk-in-robe. The variation to DA 211/1366/2010 includes the following:

· Alterations to the facade appearance including an increase in the overall height, increase in size of walk-in-robe, changes to windows and the porch design; and

· Alterations to the garage including an increase in wall height, overall length and siting in relation to the dwelling.

A copy of the proposal is contained in Attachment 2. 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 COVERAGE Residential Development: PDC 30

Maximum 45%

48.2% approximately

Does Not Satisfy

STREET SETBACK Residential Development: PDC 18

The same as one of the

adjacent buildings. (Approx 6m)

6m

Satisfies

SIDE SETBACKS Residential Development PDC 23

Side

0m/1m (single storey)

0m (E) 0m (W)

Does Not Satisfy

PRIVATE OPEN SPACE Residential Development: PDC 33

Minimum 20%

20%

Satisfies

CARPARKING SPACES Transportation and Access: PDC 33

2 car-parking spaces (1 x

covered) per dwelling

2 spaces (1x covered)

provided

Satisfies

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 72 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: Eleven (11) properties were notified during the public

notification process. Representations: One (1) representation was received:

· Julie Barnes and Terry Dale


Mr Dale identified that he wishes to address the Panel.


Concerns were raised regarding the following matters; · Façade height · Garage forward of dwelling façade

The Applicant has provided a response to the representations, as summarised below:

· The frontage height was increased to accommodate structural requirements and to cover the gable to achieve a clean straight look; and

· The garage length was increased to accommodate two (2) cars. A copy of the representor’s concerns and the applicant’s response is contained in Attachment 3. ASSESSMENT



Principles of Development Control 1, 2, 3, 4, 5, 7, 8, 9, 10, 12 & 16

Energy Efficiency Objectives 1 Principles of Development Control 1& 2


Objectives 1 & 4 Principles of Development Control 7, 8, 9, 10, 12, 13, 14, 15

16, 18, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 38, 46 & 47

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

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 73 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 4 Principles of Development Control 6 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 In assessing the merits or otherwise of the application the following commentary is provided: Land Use and Zoning The subject land is located within the Residential Zone and more particularly Residential Policy Area 20. As a single storey detached dwelling on a large allotment, set well back from the street the proposed development is consistent with the desired character of the policy area. Although somewhat different in appearance to the existing dwellings in the immediate locality the subject dwelling will maintain setbacks characteristic of the area, utilise complementary external colours and materials and, although of a bigger scale than the surrounding single storey dwellings, can be accommodated due to the site features (i.e. deep setback and wide frontage). In addition, the applicant has incorporated decorative elements, such as moldings and wall sconces, to the façade to create a point of interest when viewed from the street.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 74 Side Setbacks and Boundary Walls General Section, Residential Development, Principle of Development Control 23 states: "Dwellings and residential flat buildings should be set back from the side and rear boundaries in accordance with the following table: Parameter Minimum Values (metres) Side boundary setback where the vertical side wall is 3 metres or less in height (measured from the existing ground level at the boundary of the adjacent property as per Figure 1)

Figure 1

1

Side boundary setback where vertical side wall measures between 3 to 6 metres in height (measured from the existing ground level at the boundary of the adjacent property as per Figure 1)

2

Side boundary setback where the vertical side wall is greater than 6 metres in height (measured from the existing ground level at the boundary of the adjacent property as per Figure 1)

2 metres plus an additional setback which is equal to the increase in wall height above 6 metres

Rear boundary setback for single storey components of a building

3

Rear boundary setback for two storey components of a building

8

The proposed alteration will result in a shortfall of the suggested 1 metre side setback, however impacts are minimised by the fact that the proposed development is replacing existing boundary development and the proposed garage allows direct access to the rear yard. The proposal includes a garage wall located on the eastern side boundary of approximately 14.9 metres in length. Impacts on the adjoining dwelling are minimised by the fact that the wall is single storey in nature and will allow penetration of sunlight/daylight to adjoining windows.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 75 Site Coverage Zone Section, Residential Development, Principle of Development Control 30 recommends a maximum site coverage of 45%, which the proposal exceeds by approximately 3.2% or 22 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. Garage Dominance The garage will be located forward of the main dwelling facade, but in line with the front porch. In addition to increasing the internal dimensions so that two (2) vehicles can be suitably accommodated, the projected garage is intended to form a decorative element to the dwelling facade and stagger the street setback. In this instance the garage will not dominate the dwelling facade due to the wide frontage, the moderate garage opening width and the fact that the garage will be in line with the porch of the subject dwelling and the adjoining dwelling. SUMMARY Although the proposed alterations are contemporary in nature they are consistent with other like dwellings within the locality and in this case can be accommodated due to the site features. The alterations will result in a dwelling facade that is different from those of the adjoining properties, however having considered all the relevant Objectives and Principles of the Development Plan, the proposal is not considered to be so seriously at variance with the Development Plan to warrant refusal of the application. 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. 211/1366/2010/A by M Shagar to undertake demolition of existing front verandah and carport and construction of dwelling alterations and additions including a garage, bedroom and WIR. - Variation to an Authorisation Previously Given - Alterations to the facade appearance including an increase in the overall height, increase in size of walk-in-robe, changes to windows and the porch design and alterations to the garage including an increase in wall height, overall length and siting in relation to the dwelling at 9 Wongala Avenue, Glenelg North (CT 5361/706) subject to the following conditions: 1. That the development shall be undertaken and completed in accordance with the plans


2. That all original planning conditions of Development Approval 211/1366/2010 dated 27

June 2011 where relevant, shall remain applicable.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 84 6.5 11 McLachlan Avenue, GLENELG NORTH Application No. 211/749/2012 Appearing before the Panel will be: Representors: Peter Mitanov of 13 McLachlan Avenue, Glenelg North wishes to appear

in support of the representation. Applicant/s Leigh Bowbridge of Westbridge Homes wishes to appear to respond to

the representation. DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of one (1) single storey dwelling and one (1)

two-storey dwelling including double carports under the main roof and removal of one (1) Regulated Tree - Agonis flexuosa (WA Willow Myrtle)

APPLICANT Westbridge Homes APPLICATION NO 211/749/2012 LODGEMENT DATE 20 July 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal

§ City Assets - Civil Engineer & Technical Officer Amenity

External § Nil


2 February 2012


BACKGROUND

This application was lodged with Council on 20 July 2012. As the proposal is for a two storey dwelling, the application was placed on public notification on 17 October 2012. One (1) representation was received and the representor requested the opportunity to appear before the Panel. PREVIOUS or RELATED APPLICATION(S) · DA211/692/2012, Create one (1) additional allotment


The subject land is described as Allotment 76 Deposited Plan 4663 as contained in Certificate of Title Volume 5673 Folio 741. The land is more commonly known as 11 McLachlan Avenue, Glenelg North. The subject land is rectangular in shape and has a site area of approximately 686.6 square metres. The site has a frontage to McLachlan Avenue of approximately 15.2 metres and a secondary frontage to Mattner Avenue of 34.7 metres. The subject land consists of a single storey detached dwelling and ancillary verandah, carport and outbuilding. Single storey detached dwellings are located adjoining and adjacent the subject site. The subject site is located within the Residential Zone and more particularly Residential Policy Area 20. The locality consists of detached dwellings set well back from the street. The locality could be described as in transition as there are existing dwellings constructed circa 1950's to 1960's and infill and new development constructed within the last ten (10) to fifteen (15) years. The site and locality are shown on the following maps.


The applicant seeks Development Plan Consent for the following:

· Construction of one (1) single storey detached dwelling including a double carport under the main roof;

· Construction of one (1) two storey detached dwelling including a carport under the main roof; and

· Removal of one (1) Regulated Tree - Agonis flexuosa (WA Willow Myrtle)

A copy of the proposal is contained in 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 DWELLING 1 DWELLING 2


420m²

341m²

Does Not Satisfy

345.6m²

Does Not Satisfy


12m

15.24m

Satisfies

18.9m

Satisfies


Maximum 50%

38.6%

approximately

Satisfies

44.6%

approximately

Satisfies


At least the average

setback of the adjacent buildings

(approx. 7.5m McLachlan Ave, Approx. 3m Mattner Ave)

3.8m to porch

Does Not Satisfy

3.8m to porch

Satisfies


Side


E - 0m (G),2.5m (U) W - 2m (G),2m (U)

Satisfies

N - 0m S - 1m

Satisfies

Rear


3.6m (G) 8.5m (U)

Satisfies

3m

Satisfies

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 89 PRIVATE OPEN SPACE Residential Development PDC 33

Minimum 20%

28.4%

Satisfies

26%

Satisfies


10%

14.7%

Satisfies

12.3%

Satisfies


2 car-parking spaces required (1 of which is

covered)

2x covered, 2x

uncovered provided

Satisfies

2x covered, 2x

uncovered provided

Satisfies

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: Nine (9) properties were notified during the public notification

process. Representations: One (1) representation was received.

· Peter Mitranov


Mr Mitranov identified that he wishes to address the Panel.


Concerns were raised regarding the following matters; · Not in keeping with the desired character · Insufficient site area

The Applicant has provided a response to the representation stating that he believes all concerns have been addressed. A copy of the representor's concerns and the applicant’s response is contained in Attachment 2. REFERRALS

Internal City Assets - Civil Engineer Concerns were raised regarding the following matters; · Proximity of Dwelling 1 crossover from boundary - the applicant has amended the plans to

reflect a 1 metre setback from the eastern side boundary as required. A full copy of the relevant report is contained in Attachment 3.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 90 City Assets - Technical Officer Amenity · Council's Technical Officer Amenity provided feedback with regards to the removal of one (1)

Regulated Tree - Agonis flexuosa (WA Willow Myrtle). In this instance removal was recommended due to the short life expectancy of the tree and the ineffectiveness of pruning.

A full copy of the relevant report is attached, refer Attachment 4. ASSESSMENT


Crime Prevention Objectives 1 Principles of Development Control 1, 2, 3, 6, 7, 8 & 10

Design and Appearance Objectives 1, 2

Principles of Development Control 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12 & 16


Infrastructure Objectives 1, 2, 3, 4 & 5 Principles of Development Control 1, 2, 3, 4, 5, 7 & 9


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



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



15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 38, 39, 41, 46 & 47

Transportation and Access Objectives 2 Principles of Development Control 23, 24, 29, 33, 34, 35 & 36

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 91 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 & 4 Principles of Development Control 1, 3, 6, 7 & 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

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 92 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 Zone Section, Residential Policy Area 20, Principle of Development Control 2 recommends that; A dwelling should conform to the following site areas and have a frontage to a public road not less than that shown in the following table: Dwelling type Minimum site area

(m²) Average site area

(m²) Minimum site frontage to a

public road excluding hammerhead or battle axe

allotments (m) Detached 420 N/A 12 Other dwellings N/A 420 12 Supported accommodation and housing for seniors

N/A 300 25

Both proposed dwellings 1 and 2 meet the required frontage but have a shortfall from the minimum site area recommended. In this instance the shortfall in site area is not considered critical to the application for the following reasons: · The subject site has the advantage of being a corner allotment; · The site has two (2) street frontages and meets the minimum frontage requirements thus not

detracting from the existing streetscape pattern of wide frontages; · The proposed development is generally consistent with most of the relevant provisions of the

West Torrens Council Development Plan with regards to residential development and demonstrates a functional arrangement for future owners/occupiers of the dwellings; and

· The site area is consistent with other recent land divisions in the immediate locality which are also under 420m² (i.e. 1A, 2, 2A, 4, 4A, 4B & 6A Fairway Avenue and 7 & 7A McLachlan Avenue).

Setbacks 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

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 93 Dwelling 1 will be located approximately 3.8 metres from the front property boundary to the porch, a shortfall of approximately 3.7 metres. Impacts on the existing streetscape character are minimised by the following:

· The front porch is open sided and will allow some visibility to the adjoining properties; · The front setback is staggered between 3.8 metres and 6 metres which will result in the

carport being aligned with the existing carport of the eastern adjoining dwelling; · The subject site is separated from the western adjoining dwelling, which has the greater

front setback of the two adjoining properties, by Mattner Avenue; and · The existing dwellings facing McLachlan Avenue have varied street setbacks including

some development located on the boundary at the eastern and western ends of McLachlan Avenue.

Visual Impact on Streetscape Although Dwelling 1 is two storey in nature its visual impact on the street will be minimised by the following:

· The planting of semi mature trees in front of the building line; · The consistent roof design and pitch with the existing built form; · The application of a variety of external colours and materials will break up the visual bulk

of the building as viewed from the street; and · Facade articulation and detailing, including the front porch, and window/door proportions

to provide architectural points of interest. Regulated Trees There is a Regulated Tree located in the south western corner of the subject land which has been identified by Council's Technical Officer Amenity and the applicant's arborist as an Agonis flexuosa (WA Willow Myrtle) with a circumference of approximately 2.4 metres at 1 metre above natural ground level. The tree is visible from McLachlan Avenue and from parts of Mattner Avenue, however it is considered that the tree does not form an important contribution to the character or visual amenity of the local area due to its overall physical appearance and the fact that this species of tree is not typical of the area which consists mostly of notable Eucalyptus/Gum trees and Pine trees which can be seen over the roof tops of the existing built form. In consideration of the above removal is considered appropriate in this instance. In accordance with the Development Act 1993 (42)(4) and the Development Regulations 2008 (117)(2)(a) it is considered appropriate that two (2) replacement trees more suited to the geographical location be planted within the immediate locality of the tree being removed. SUMMARY The subject development has a shortfall in meeting the minimum site area requirements for Residential Policy Area 20, notwithstanding the proposal presents two (2) dwellings which are functional and will complement the existing built form and streetscape character. 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. 211/749/2012 by Westbridge Homes to undertake construction of one (1) single storey dwelling and one (1) two-storey dwelling including double carports under the main roof and removal of one (1) Regulated Tree - Agonis flexuosa (WA Willow Myrtle) at 11 McLachlan Avenue, Glenelg North (CT 5673/741) subject to the following conditions: Council Conditions 1. That the development shall be undertaken and completed in accordance with the plans


2. That the finished floor level shall be 100.15 in reference to the Contour & Drainage Plan

provided by Westbridge Homes (dated August 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


6. That all planting and landscaping shall be completed within three (3) months of the

commencement of the use of this development and be maintained in reasonable condition at all times. Any plants that become diseased or die shall be replaced with a suitable species.

7. That the upper level side and rear 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.

8. That two (2) local indigenous tree species more suited to the geographical location shall

be planted within the immediate locality of the tree being removed and shall be maintained in a reasonable condition at all times.


9. In relation to the Regulated Tree removal, a minimum of (72) hours notice shall be given

to Council so that a representative can be present if deemed necessary. Contact City Assets Department (8416 6333) quoting: · Development Application Number; · Address where works will be undertaken; · Proposed date of works; and · Name and contact number of the person/company undertaking the works.

10. 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 11 December 2012 Page 120 6.6 56 Bickford Street, RICHMOND Application No. 211/1019/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of two (2) free-standing carports forward of

the dwelling APPLICANT Mr David Caon APPLICATION NO 211/1019/2012 LODGEMENT DATE 5 October 2012 ZONE Residential POLICY AREA Policy Area 21 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal


ASSESSING OFFICER Jessica Grima DEVELOPMENT PLAN VERSION

2 February 2012

MEETING DATE 11 December 2012 RECOMMENDATION REFUSE

PREVIOUS OR RELATED APPLICATIONS Nil


The subject land is a rectangular allotment and is situated on the southern side of the street. The site currently accommodates a 1950's gable fronted dwelling an adjoining habitable building let for separate occupancy to the west of the subject land. The subject land has not been subdivided. The subject land is approximately 20.7 metres wide and has a depth of approximately 37.8 metres. In total the subject land is approximately 783.45 square metres. Access to the proposed carports will be gained from the existing driveways located to the western and eastern boundaries of the allotment via existing crossovers. The subject land currently provides one covered parking space and two uncovered parking spaces. The uncovered parking spaces are located within the two (2) driveways. The locality is mainly comprised of single storey detached dwellings which are primarily built within the 1950's and are conventional style dwellings. These characteristically have wider eaves or a small verandah over the entrance, a tiled roof and a chimney. Carports or garages associated with the dwellings along Bickford Street are generally located in line with the main face of the dwelling and are an addition rather than built under the main roof. These are generally built with complementary materials to the facade of the related dwelling. The majority of dwellings maintain considerable setbacks from the front boundary which are mainly between 7.0 to 10.0 metres. Although the locality predominantly contains residential uses, to the west of the subject land is a Neighbourhood Centre Zone. Therefore a mixture of retail, commercial, and office uses are existent in close proximity to the subject land. The site and locality are shown on the following maps.


The application seeks Development Plan Consent for the construction of two freestanding carports forward of the existing dwelling. One carport will be constructed over each of the existing driveways and be setback approximately 2.6 metres from Bickford Street. Both the carports will have an identical appearance and are the same size. The carports will have open sided walls and no roller doors, be freestanding and situated approximately 1.4m from the existing dwelling, and will have a flat roof. Refer to Attachment 1 for full details of the proposed development. 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 COVERAGE PDC 30

45%

31% approximately Satisfies

STREET SETBACK General Section - Residential Development PDC 27

5.5 metres from the primary street frontage and in any event in line with the main face of the dwelling.

2.6m to the street and in front of the dwelling Does not satisfy

CARPARKING SPACES Table WeTo/2 - Off Street Vehicle Parking Requirements

2 car-parking spaces required

Existing 3 1 covered and 2 in existing driveways Proposed 3 covered Satisfies

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: 8 properties were notified during the public notification

process. Representations: No representations were received.

REFERRALS

Nil

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 125 ASSESSMENT

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

General Section Provisions Design and Appearance Objectives 1

Principles of Development Control

1,2,3,5 & 16


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

1

Residential Development Objectives 1

Principles of Development Control

7,12-16,26,27,29 & 30

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 4 Principles of Development Control 1,6 &7


Policy: Residential Policy Area 21

Desired Character: "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(Land use) & 1 (Form and Character)

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: Front Setback and Streetscape Character There are a number of Principles of Development Control relating to qualitative considerations with respect to the siting of carports within residential areas which give guidance in the assessment of such applications. In particular, Design and Appearance Principle of Development Control 16 of the General Section states that: "The setback of buildings from public roads should: (a) be similar to, or compatible with, setbacks of buildings on adjoining land and other buildings

in the locality; (b) contribute positively to the streetscape character of the locality; (c) not result in or contribute to a detrimental impact upon the function, appearance or

character of the locality". Furthermore to reduce the dominance of carports Residential Development (Garages, Carports and Outbuildings) Principle of Development Control 27 of the General Section suggests that they should have a minimum setback of 5.5 metres from the primary road frontage and in any event be in line with the main face of a dwelling. In this instance the carport does not achieve this setback requirement. It is evident that the location of the proposed carports, set back approximately 2.6 metres from the front boundary of the site, forward of both the existing dwelling and other prevailing setbacks of development to the east and west of Bickford Street, does not maintain or enhance the existing streetscape character of the locality, as required by Principle of Development Control 6 of the Residential Zone, and Principle of Development Control 1 of Residential Policy Area 20. There is only one example of a carport in front of the respective dwelling at 40 Bickford Avenue however this does not form a character of the locality. A site inspection of the subject land and the locality displays the front setbacks of the adjacent dwellings on Bickford Street to be fairly consistent with landscaped front gardens unobstructed by development such as verandahs, shade sails, carports or garages. Due to the time the majority of dwellings within the locality were built carports and garages associated with the dwellings are not built under the main roof but as an addition generally situated to the side of the respective dwelling and either in line with the main face or slightly setback from the main face of the dwelling. These also have a coordinated appearance with the respective dwelling which maintains the aesthetics of the existing streetscape for example, 50 and 52 Bickford Street.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 127 In this instance the design of the proposed carports does not complement the existing dwelling to enhance or maintain the amenity of the existing streetscape. This is because they are not integrated or do not have a coordinated appearance with the facade of the existing dwelling as for example they are freestanding and considerably forward of the existing dwelling, have a different roof pitch and form. This does not satisfy General Section - Design and Appearance Principle of Development Control 1 and General Section - Residential Development Principle of Development Control 7. SUMMARY The proposed carports are considered to be at variance with a number of Principles of Development Control contained within the West Torrens Council Development Plan, particularly with respect to neighbourhood character and setbacks. As the prevailing character of the locality includes dwellings with the associated car parking spaces either in line with or behind the main face of the dwelling, the proposed development will detract from the streetscape character and amenity of the locality. The design of the carports does not have a coordinated appearance with the associated dwelling. In addition, as the proposal includes the construction of two carports the front yard of 56 Bickford Street will appear to be cluttered which is not characteristic of the allotments situated along Bickford Street as the front yards are generally landscaped and unobstructed with the dwellings maintaining similar front setbacks. Having considered all the relevant Objectives and Principles of the Development Plan, on balance the proposed development does not accord with the relevant provisions contained within the West Torrens (City) 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. 211/1019/2012 by Mr David Caon to construct two (2) free-standing carports forward of the dwelling at 56 Bickford Street, Richmond (CT 5777/273) for the following reasons: 1. The proposed development is contrary to:

§ General Section: · Design and Appearance Principle of Development Control 1

Reason: The design of the proposed carport does not complement the existing dwelling.

· Design and Appearance Principle of Development Control 16

Reason: The proposed is not set back a sufficient distance from the front allotment boundary to contribute to and enhance the existing streetscape character.

· Residential Development Principle of Development Control 7

Reason: The proposed is not set back a sufficient distance from the front allotment boundary to contribute to and enhance the existing streetscape character.


· Residential Development Principle of Development Control 26 Reason: Given the number of proposed carports and the location of them it will detract from the amenity of the streetscape and dominate the appearance of the associated dwelling.

· Residential Development Principle of Development Control 27

Reason: The proposed carports are not setback the suggested minimum distance from the front boundary.

§ Zone Section:

· Residential Zone Principle of Development Control 6 Reason: Inconsistent with existing neighbourhood character with respect to street setbacks.

§ Policy Area:

· Residential Policy Area 20 Principle of Development Control 1 Reason: Inconsistent with existing neighbourhood character with respect to street setbacks.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 133 6.7 7-21 Lipsett Terrace, BROOKLYN PARK Application No. 211/923/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Removal of a Regulated Corymbia citriodora (Lemon

Scented Gum) APPLICANT Brooklyn Park - Richmond Catholic Parish APPLICATION NO 211/923/2012 LODGEMENT DATE 6 September 2012 ZONE Residential POLICY AREA 21 PRECINCT NA APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal

§ City Assets - Amenity & Environment ASSESSING OFFICER J Banks DEVELOPMENT PLAN VERSION

2 Feb 2012

MEETING DATE 11 December 2012 RECOMMENDATION REFUSAL

BACKGROUND

This development application was lodged with Council on 6 September 2012. PREVIOUS or RELATED APPLICATION(S) There are a number of previous development applications lodged for the subject land, however none of which directly relate to this proposal. SITE AND LOCALITY

The subject land is 7-21 Lipsett Terrace, Brooklyn Park. The St John Bosco School and the Parish of St. Aloysius & St. John Bosco currently occupy the land. The site constitutes 16 parcels of land together forming the school grounds and associated car park. The subject land is located on the northern side of Lipsett Terrace approximately 130 metres west of Marion Road. The locality comprises both schools and dwellings. The subject tree is easily visible when approaching from either direction along Lipsett Terrace. The following pages contain a locality map and aerial photograph showing the location of the subject tree.


The proposed development is removal of a Regulated Tree - a Corymbia citriodora (Lemon Scented Gum). The tree is located in the south-eastern corner of the site. At the suggestion of the Administration, the applicant engaged an independent arborist to assess the tree in question. The report was submitted to Council and is attached - refer Attachment 1. PUBLIC NOTIFICATION

The application is a Category 1 form of development pursuant to the procedural matters of the Development Plan, and Section 38 and Schedule 9 of the Development Act and Regulations 1993. REFERRALS

Internal • City Assets The application was referred to Council's Amenity Officer for comment. A full copy of the reports is attached, refer Attachment 2. ASSESSMENT

The subject land is located within Policy Area 21 of the Residential Zone as described in the West Torrens Council Development Plan, consolidated 2 February 2012. The main provisions of the Development Plan which relate to the proposed development are as follows: General Section

Orderly and Sustainable Development Objectives 1, 3, 4 Principles of Development Control -

Regulated Trees Objectives 1, 2 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: Regulated Trees General Section, Regulated Trees, Objectives state 1. The conservation of regulated trees that provide important aesthetic and environmental

benefit. 2. Development in balance with preserving regulated trees that demonstrate one of 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.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 137 The subject tree is considered to significantly contribute to both the character and visual amenity of the local area. The canopy of the tree is of a height that can be readily seen when approaching the site along Lipsett Terrace, and makes a positive contribution to the visual amenity of the local area by breaking up the skyline and drawing attention away from the overhead powerlines. Therefore the proposal is considered at variance with the above Objectives 1 and 2. General Section, Regulated Trees, Principle of Development Control (PDC) 1 states: 1. Development should have minimum adverse effects on regulated trees. As the application is for removal of the tree, the proposal is considered at variance with the above PDC. General Section, Regulated Trees, Principle of Development Control 2 states: 2. 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. Both the independent Arborist Report and Council's Amenity Officer's Report offer no evidence to suggest that the tree is diseased or the health of the tree is in question. Similarly, there is no evidence that the tree is causing damage to a building. The only reason for removal as cited by the applicant's Arborist is that the tree represents a risk to public or private safety, with the Arborist stating that 'several laterals have failed recently'. Council's Amenity Officer has highlighted that these failures occurred during extreme weather events, and no other evidence of past failures has been documented or demonstrated. The location of the tree is close to the property boundary, and the majority of the canopy is over a grassed area and footpath in front of the school/office buildings. This grassed area does not appear to be a highly trafficable area, however the footpath likely is. Only a small portion of the canopy is over the car park. On balance and in consideration of the evidence contained in the applicant’s Arborist Report and provided by Council’s Amenity Officer, it is considered that the application is at variance with the above General Section, Regulated Trees, Principle of Development Control 2. SUMMARY Having considered the evidence and information presented, and all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be at variance with the Development Plan. On balance the proposed development does not accord with the relevant provisions contained within the West Torrens Council Development Plan Consolidated 2 Feb 2012 and does not warrant 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 Refuse Development Plan Consent for Application No. 211/923/2012 by Brooklyn Park - Richmond Catholic Parish to undertake removal of a Regulated Corymbia citriodora (Lemon Scented Gum) at 7-21 Lipsett Terrace, Brooklyn Park (CT 5838/594) for the following reasons: 1. The proposed development is contrary to:

§ General Section Regulated Trees Objectives 1 & 2

Reason: The Regulated Tree provides important aesthetic benefit, and significantly contributes to the character and visual amenity of the local area.

§ General Section Regulated Trees Principles of Development Control 1

Reason: The development would result in destruction of the tree. § General Section Regulated Trees Principles of Development Control 2

Reason: The tree is not diseased, does not represent a material risk to public or private safety, and is not causing damage to a building.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 164 6.8 42 Hayward Avenue, TORRENSVILLE Application No. 211/905/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Demolition of the existing lean-to and garage and

undertake alterations and additions including a two storey addition and carport

APPLICANT Mulloway Studios APPLICATION NO 211/905/2012 LODGEMENT DATE 3 September 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 21 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 2 REFERRALS Internal



2 February 2012


BACKGROUND

The Development Assessment Panel at its meeting held on 13 November 2012, considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolved to DEFER Development Plan Consent for Application No. 211/905/2012 by Mulloway Studios to undertake demolition of the existing lean-to and garage and undertake alterations and additions including a two storey addition and carport at 42 Hayward Avenue, Torrensville (CT 5302/411) to enable the applicant to:

1. Fully detail the specifications of the visual privacy device/s proposed for any upper storey east facing windows; and

2. Provide a fully detailed overlooking plan to demonstrate exactly what areas of neighbouring private open space will be visible from any upper storey east facing windows.

A copy of the original report as presented to the Panel is contained in Attachment 1. DISCUSSION The applicant has since provided additional information regarding the details and dimensions of the proposed fins to be permanently attached to the rear facing window, see Attachment 2. The proposed fins will be spaced approximately 12cm apart and project approximately 24cm from the external face of the rear window. The fins will restrict views from the window to approximately 87% by allowing views directly forward through the gaps in the fins but restricting views from an angle. The following diagrams provided by the applicant demonstrate the restricted views from the rear facing window.


In addition to the proposed fins, views to adjoining private open space will be restricted by an existing outbuilding and an orange tree located on the subject land. It is considered that the proposed fins will adequately prevent direct overlooking into adjoining private open space in accordance with General Section, Residential Development Principles of Development Control 39 and 40. SUMMARY The proposed alterations and additions are considered in keeping with the existing streetscape character and locality and are consistent with the design of the existing dwelling. Impacts of overlooking and overshadowing are considered appropriately minimised by the incorporation of fins attached to the rear facing window and by the roof pitch and side boundary setbacks. 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. 211/905/2012 by Mulloway Studios for demolition of the existing lean-to and garage and alterations and additions including a two storey addition and carport at 42 Hayward Avenue, Torrensville (CT 5302/411) 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 external materials and finishes shall be the same as or complimentary to those of

the associated dwelling and shall be completed within two (2) months of the erection of the subject development and maintained in a reasonable condition at all times.

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. 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 11 December 2012 Page 199 6.9 244 Henley Beach Road, UNDERDALE (Deferral Response) Application No. 211/836/2010/A DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Variation to authorisation previously given - Change of Use

of a detached dwelling to a ministry centre and associated car park – Change to Conditions 5 & 6.

APPLICANT Peter Sparrow APPLICATION NO 211/836/2010/A LODGEMENT DATE 30 May 2012 ZONE Residential Zone POLICY AREA Policy Area 39 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 3 REFERRALS Internal



2 February 2012

MEETING DATE 11 December 2012 RECOMMENDATION Consent

BACKGROUND

The application was presented to the 13 November 2012 meeting of the Development Assessment Panel (DAP) however a decision on the matter was deferred to allow the applicant to confirm the following matters: · proposed hours of operation; · the maximum numbers of people on site; and · confirmation of works undertaken thus far as approved under application no. 211/836/2010. The applicant has amended the proposal and the matter is back before the Panel for a decision. A copy of the revised conditions as modified by the applicant is attached, refer Attachment 1, along with a copy of the previous report and associated documents, refer Attachment 2.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 200 VARIATION TO THE PROPOSAL The applicant put forward the following amendments to the recommended conditions to be attached to any consent granted to the variation application. The amendments offered by the applicant constitute an amendment to the variation application and include:

1. The variations to Development Authorisation 211/836/2008, as described in the. documentation approved herein, shall be undertaken and completed in accordance with plans and documentation provided with the development application except where varied by any conditions listed below.

2. All conditions attached to Development Authorisation 211/836/2008 remain valid except conditions 5 & 6 which are to be replaced by the conditions attached to this authorisation.

3. A maximum of 36 visitors to the site shall be permitted only between the hours of 8:00am and 5:30pm and a maximum of 15 visitors on any two evenings per week from 5:30pm to 9:00pm.

4. No more than two (2) persons can stay on the property outside the hours listed above.

5. That appropriate measures shall be taken to control any likely adverse impact on the amenity of locality (strict supervision, advice to patrons and the like) due to the creation of any noise nuisance, traffic hazard or the like;

6. That immediate remedial measures shall be taken if, in the opinion of the relevant authority, injury is being caused to the amenity of the locality due to any noise nuisance, traffic hazard or the like;

7. That visitor hours and visitor numbers shall revert back to those of the original authorisation if, in the opinion of the relevant authority, any noise nuisance or the like can no longer be tolerated.

DISCUSSION As noted in the previous section of this report the applicant has made further amendments to the proposal since the previous Panel meeting. The hours of operation have been amended from 8:00am to 10:00pm to 8:00am to 9:00pm and the applicant has changed the maximum number of people on the site after 5:30pm from thirty-six (36) people to fifteen (15). The maximum number of people on the site between 8:00am and 5:30pm remains at 36 people. The applicant has also amended the proposal to limit the use of the site after 5:30pm to no more than two times a week. These amendments are considered an improvement on the previous request for the following reasons: · The hours of operation are less intrusive than previously proposed; · The reduction to the maximum number of people on site after 5:30pm (reduced from 36

people to 15 people) will significantly reduce potential risks associated with noise;

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 201 The applicant has offered to restrict the use of the site after 5:30pm to no more than two days per week but this will be difficult to monitor. Restricting the use to designated days is a more appropriate outcome. In light of the offer made by the applicant, and appreciating their need for a more flexible access arrangement, the allowance of no more than 15 people on-site between 5:30pm and 9:00pm Tuesday, Wednesday and Friday is a reasonable solution to this matter. The applicant obtains a more flexible consent while the restriction on visitor numbers and operation hours provides suitable protection to the residential amenity. Accordingly a condition of consent can be worded to reflect this outcome. Furthermore, and unlike at the previous meeting, the applicant has offered to Council the ability to revert back to the conditions of the original authorisation should Council form an opinion that noise nuisance can no longer be tolerated. At the previous meeting it was questioned whether such a condition could be enforced but the applicant in this instance has offered up this opportunity as part of the proposed variation. There have also been experiences involving other applications in which the Courts have accepted this approach as being acceptable. Finally no additional information was provided regarding confirmation of works undertaken thus far in relation to the approval granted under Development Application 211/836/2010 however as development approval was only granted on 6 July 2012, the applicant still has more than six months to substantially commence the works detailed within the approval. Failure to commence within this time will result in possible enforcement action. It was also noted that a conditions on the original authorisation required: · the site not being occupied until all car parking spaces have been linemarked in accordance

with the approved plans and in accordance with Australian Standards AS 2890.1, 2004 Parking Facilities, Part 1, Off Street Carparking; and.

· landscaping being completed prior to the car park being utilised and maintained to the reasonable satisfaction of Council.

Again, any use of the site prior to the requirements being appropriately addressed will be a breach of the original development authorisation and may result in enforcement action. SUMMARY The original authorisation involved the introduction of a ministry centre that provides services and support to the local community. The development is small in scale and the number of people utilising the land after 5:30 pm is small. Accordingly the proposed variation is not expected to diminish the existing residential amenity of the locality. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered not to be 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 CONSENT to Development Approval for Application No. 211/836/2010/A by Peter Sparrow to amend Conditions 5 & 6 of Development Plan consent for development application 211/836/2010 subject to the following conditions: Council Conditions

1. The variations to Development Authorisation 211/836/2008, as described in the. documentation approved herein, shall be undertaken and completed in accordance with plans and documentation provided with the development application except where varied by any conditions listed below.

2. All conditions attached to Development Authorisation 211/836/2008 remain valid except conditions 5 & 6 which are to be replaced by the conditions attached to this authorisation.

3. No more than thirty-six (36) people shall be permitted on the site between the hours of 8:00am and 5:30pm any day and no more than fifteen (15) people shall be permitted on site between the hours 5:30pm to 9:00pm, Tuesday, Wednesday and Friday.

4. No more than two (2) persons can stay on the property outside the hours listed above.

5. That appropriate measures shall be taken to control any likely adverse impact on the amenity of locality (strict supervision, advice to patrons and the like) due to the creation of any noise nuisance, traffic hazard or the like.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 236 6.10 36 Jervois Street, TORRENSVILLE Application No. 211/564/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Change of Use from Dwelling to Dwelling and Art Gallery

(Studio) shop with associated advertising APPLICANT Jo Harris APPLICATION NO 211/564/2012 LODGEMENT DATE 31 May 2012 ZONE Residential POLICY AREA 21 APPLICATION TYPE Non-Complying PUBLIC NOTIFICATION Category 3 REFERRALS Internal



2 February 2012

MEETING DATE 11 December 2012 RECOMMENDATION CONSENT SUBJECT TO CONCURRANCE FROM DAC

BACKGROUND

Non-Complying Development The subject land is within the Residential Zone and the proposal involves the Change of Use from Dwelling to Dwelling and Art Gallery (Studio) shop with associated advertising. The application is a non-complying form of development, as “advertising” is listed as Non-Complying under the procedural matters section of the Residential Zone. The applicant has provided a Brief Statement of Support pursuant to Regulation 17 of the Development Regulations 2008, refer Attachment 1. The advertising component of the proposal is ‘minor in nature’ however it is this element of the proposal that has triggered the non-complying process. Given the minor nature of the advertising, a Statement of Effect was not requested. Should the Panel resolve to approve the application, the concurrence of the Development Assessment Commission (DAC) would be required. Alternatively, should the Panel refuse the application, no appeal rights are afforded to the applicant. The Administration resolved under delegation to proceed with an assessment of the proposal. The application is now presented to the Development Assessment Panel for a decision. PREVIOUS or RELATED APPLICATIONS 211/670/2007 – Replacement of Impact Damaged Canopy - Approval


The subject land is described as Allotment 240 Deposited Plan 713 in the area named Torrensville, Hundred of Adelaide as contained in Certificate of Title Volume 5066 Folio 512. The land is more commonly known as 36 Jervois Street, Torrensville. The subject land is rectangular in shape and has a site area of approximately 696 square metres. The site has a frontage to Jervois Street measuring approximately 15.24 metres and a site depth of approximately 45.72 metres. The land is located on the eastern side of Jervois Street and is generally flat. The subject land contains a dwelling and shop building. The building is approximately 100 years old however the retail activity has since ceased and the space converted to part of the residence. The dwelling had a second storey added to the rear of the building in the 1990’s and a carport is attached to its southern side. There are two detached outbuildings are in the rear yard. The property has a small landscaped area in the space at the front of the dwelling and the rear yard has a reasonable cover of vegetation. The subject land is within a residential area that comprises mostly single storey detached dwellings and the occasional group dwelling, semi-detached dwelling and residential flat buildings. The area is one of the older residential areas of Council and many buildings are at least 80-90 years old. The subject land is one such example of an original development that has managed to retain much of its original facade. The locality also comprises non-residential uses including a builders yard a few properties north of the subject land and the Thebarton Senior College. The following pages contain an aerial image of the locality and a locality map.


The application seeks consent to introduce a Art Gallery Studio (shop) to an existing dwelling. The space designated to accommodate the additional use is approximately 35 square metres in area and will be within the same building that accommodates the dwelling. The Art Gallery Studio will be like an Art Gallery as the pieces of art produced by local artists will be on display and sale. In this regard the function is similar to a shop. The gallery will be open for exhibitions, generally on weekends and the occasional public holiday and mostly from 11:00am till late afternoon. The owners of the land will staff the gallery with an artist or a representative of the artist occasionally present. Visitation to the land is generally low in numbers however numbers may swell to between 50-100 people during the opening of an exhibition (which from observations occur once every two to three months). Deliveries to the land are mostly by private personal motor vehicle. Advertising will be placed across the front windows of the former shop front part of the dwelling. Refer to Attachment 2 for plans and documentation submitted with the Development Application. 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 section of the Residential Zone. Properties notified: Nine (9) notification letters were sent out to owners and

occupiers of adjacent properties during the public notification process and a public notice was placed in The Advertiser newspaper.

Representations: No representations were received.

REFERRALS

External Pursuant to Section 37 and Schedule 8 of the Development Act and Regulations, the application did not require mandatory referral to any agencies. ASSESSMENT

The subject land is located within 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

Advertisements Objectives 1, 2 & 3

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

Design and Appearance Objectives 1 & 2 Principles of Development Control 1, 2, 3, 5, 9 & 18

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 241 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 2 & 6 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 In assessing the merits or otherwise of the application, the proposed development has been reviewed against the relevant Development Plan provisions. The following is an overall discussion on the proposed development: Land Use and Zoning The subject land is located within the Residential Zone and in particular Policy Area 21. Principle 1 of the Zone envisages the following forms of development:

· Affordable housing · Domestic outbuildings in association with a dwelling · Domestic structure · Dwelling · Dwelling addition · Small scale non-residential use that serves the local community

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 242 In the event a proposal involves a non residential use, Principle 4 of the Zone provides encouragement that development is of a nature and scale that: (a) Serves the local community (b) Is consistent with the character of the locality (c) Does not detrimentally impact on the amenity of nearby residents The proposed development involves a non-residential use operating from an existing residence and although not directly servicing the daily or weekly needs of the local community, the proposed use is reasonably small in scale. The proposal will occupy approximately 35 square metres of floor space which limits the number of visitors that can be accommodated on site at any one time. Occasionally openings of exhibitions will result in on-street car parking spaces being occupied for a few hours, a situation that has occurred a couple of times since the gallery opened. The impacts of these events have been concentrated to a relatively small area and for relatively brief periods of time. The events have not been detrimental to the neighbourhood and have resulted in minimal impact on the amenity of residents. The subject land is within an area that contains many examples of former mixed use shop and dwelling buildings that were prevalent in the area during the early 20th century. Although the commercial activities have ceased many buildings still retain their mixed use built form character of the past. The subject land contains a well preserved example of a building that previously supported the co-existence of commercial and residential uses upon the same site. The establishment of the art gallery in the space previously used as a shop complements both the character of the land and locality while allowing the land to continue primarily as a residential property. The Residential Zone of Council’s Development Plan recognizes that non-residential land uses can provide benefits for residential areas if sympathetic to the character and amenity of the locality. The proposed development satisfies these expectations. Movement of People and Goods Transportation and Access Module Principle 33 Development should provide off-street vehicle parking and specifically marked disabled car parking places to meet anticipated demand in accordance with Table WeTo/2 - Off Street Vehicle Parking Requirements. Transportation and Access Module Principle 34 Development should be consistent with Australian Standard AS 2890 Parking facilities. The residence has three (3) on-site parking spaces that are provided in a stacked formation along the southern side of the building. Space in part of the back yard could also be utilised to accommodate two, possibly three additional vehicles if necessary. Although these spaces would not address parking demands during an exhibition opening, or satisfy the relevant standards for off-street parking, the facilities are sufficient to support both the dwelling and the gallery on most occasions. As previously mentioned the proposed use will occasionally attract visitors to the land that exceeds the parking capacity of the site. Since February it has been observed on two occasions that on-street parking has been needed to accommodate the parking needs of gallery related functions. The on-street spaces have been occupied for only a few hours on each occasion and mostly isolated to a small section of Jervois Street between Ashley Parade and North Parade. These circumstances have caused minimal inconvenience to adjoining property owners and are quite similar in nature to private social functions held on residential properties. As such the inconvenience is insufficient to compromise the ongoing amenity of the locality. The provision of on-site parking is not seen as a drawback to the proposal as parking demands that exceed the capacity of the site are infrequent and generally brief in duration.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 243 Advertising Advertisements Module Objective 1 Urban and rural landscapes that are not disfigured by advertisements and/or advertising hoardings. Advertisements Module Objective 2 Advertisements and/or advertising hoardings that do not create a hazard. Advertisements Module Objective 3 Advertisements and/or advertising hoardings designed to enhance the appearance of the building and locality. The advertising component of the application, and the trigger for the application being subject to the Non-Complying assessment, is a relatively trivial element of the proposal. The advertising is in the form of a printed window decal placed across the top of the original shopfront window. The decal contains the words “Mrs Harris’s shop”, “Gallery”, “Tobacco” and “Cake” which has been printed in gold foil on red background and is approximately 25 centimetres in height. The advertising has a design, font and overall appearance similar to advertising signage previously fixed to the window when a shop operated from the land. A second small decal across the bottom of the front window provides contact details. As highlighted in the above Objectives, the Development Plan discourages advertising that disfigures landscapes, creates hazards or detracts from the appearance of buildings. The advertising will avoid these outcomes. The signage does not flash, move or blink and is not internally illuminated beyond the internal lighting of the building. The advertising, when viewed from public space, is reasonably subtle in its appearance and only legible within the immediate vicinity of the site. The signage will cause minimal, if any, distraction to road users and certainly not at a level that would compromise road safety. Being isolated to the windows of the former shopfront, the advertising is complementary to the building and does not detract from the residential character of the locality. The move to replicate the style and form of the previous signage prompts a touch of nostalgia which is appropriate given the building’s age, style and previous uses. The design and finish of the advertising signage is consistent with Principles 1 & 2 of the Advertisement module of Council’s Development Plan which encourages: 1. The location, siting, design, materials, size, and shape of advertisements and/or advertising

hoardings should be: (a) consistent with the predominant character of the urban or rural landscape (b) in harmony with any buildings or sites of historic significance or heritage value in the

area (c) co-ordinated with and complement the architectural form and design of the building

they are to be located on. And 2. The number of advertisements and/or advertising hoardings associated with a development

should be minimised to avoid: (a) clutter (b) disorder (c) untidiness of buildings and their surrounds (d) driver distraction.

The proposed signage is considered an excellent example of how advertising can be appropriately designed and placed on a building in a subtle yet effective manner that neither detracts from the building or the locality. The Development Plan is supportive of this kind of development.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 244 SUMMARY The proposed development will operate from a site with a history of residential and non-residential uses co-existing within the same building. The new use, although not specifically envisaged by the provisions of the Residential Zone, is relatively small in scale and likely to cause minimal inconvenience to residents of surrounding properties. The advertising associated with the land use is both discrete and respectful to the building and the locality. The proposal, although having been processed as a non-complying development, is a suitable addition to the subject land and locality. 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 (City) 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 support Development Plan Consent being GRANTED subject to the concurrence of the Development Assessment Commission for Application No. 211/564/2012 by Jo Harris Pty Ltd to undertake a Change of Use from Dwelling to Dwelling and Art Gallery (Studio) shop with associated advertising at 36 Jervois Street, Torrensville (CT 5066/512) subject to the following conditions: Council Conditions 1. The proposed development must be undertaken and completed in accordance with the

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

2. The art gallery shall only be operated by the occupants of the residence located on the

subject land. 3. The advertising approved herein shall not blink, move, flash or be internally illuminated by a

light source other than that which illuminates the art gallery. 4. The opening hours of the gallery shall be 10.00am to 7.00pm Sunday to Thursday and

10.00am to 9.00pm Friday to Saturday. 5. The maximum number of visitors to be accommodated at any one time within the art gallery

studio shall not exceed 40 people.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 249 6.11 60 Ayton Avenue, FULHAM (Dwelling A) Application No. 211/592/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of a single storey detached dwelling APPLICANT Construction Services Australia Pty Ltd APPLICATION NO 211/592/2012 LODGEMENT DATE 7 June 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal



2 February 2012


PREVIOUS or RELATED APPLICATION(S) · DA 211/593/2012 - Construction of a single storey detached dwelling (Dwelling B)

SITE AND LOCALITY

The subject land is described as Allotment 70 Filed Plan 119288 in the area named Fulham Hundred of Adelaide as contained in Certificate of Title Volume 5821 Folio 306. The land is more commonly known as 60 Ayton Avenue, Fulham. The subject land is located on the southern side of Ayton Avenue between Susan Street and Huntington Avenue has a frontage of approximately 20.12 metres to Ayton Avenue, a depth of approximately 41.2 metres and an area of approximately 827.8m². A single storey dwelling, ancillary carports, verandah and outbuilding currently occupy the site. The subject land is located within the Residential Zone and more particularly Residential Policy Area 20. The land is situated approximately 400 metres west of the corner of Henley Beach Road and Tapleys Hill Road which form part of the Neighbourhood Centre Zone. The locality consists predominantly of residential development and is relatively homogenous in nature mostly containing detached dwellings on large allotments, although some row dwellings constructed circa 1960's and 1970's exist in the locality particularly fronting and adjacent Henley Beach Road. The site and locality are shown on the following maps.


The applicant seeks Development Plan Consent for construction of a single storey detached dwelling including a single garage and alfresco under the main roof. A separate application (DA 211/593/2012) has been submitted for a similar dwelling on the same land. This is the subject of item 6.12 on the Agenda. It is apparent that pending approval of the separate application the applicant intends to submit a subsequent land division application although no such application has been made to date. A copy of the proposal is contained in 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 PROPOSED DWELLING


420m²

414m²

Does Not Satisfy


12m

10.06m

Does Not Satisfy


Maximum 50%

45.4% approximately

Satisfies


At least the average setback of

the adjacent buildings (approx. 7.25m)

6.5m

Does Not Satisfy


Side


0m Setback (E) 1m Setback (W)

Satisfies

Rear


10m setback

Satisfies

PRIVATE OPEN SPACE Residential Development PDC 33

Minimum 20%

28.3%

Satisfies



10%

10%

Satisfies


2 car-parking spaces required

(1 of which is covered)

2 spaces provided (1x

covered)

Satisfies 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 - Civil Engineer All concerns raised by Council's Civil Engineer have been satisfactorily addressed. A full copy of the relevant reports is attached, refer Attachment 2. ASSESSMENT




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




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





20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 38, 46 & 47

Transportation and Access Objectives 2 Principles of Development Control 23, 24, 29, 33, 34 & 35

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 254 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 & 4 Principles of Development Control 1, 3, 6, 7 & 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 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 and Frontage The desired character statement for Residential Policy Area 20 states in part that 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 homogenous and is mainly comprised of detached dwellings'. In addition this locality is characterised by wide frontages, no front fences and established landscaping.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 255 The desired character statement also states: 'This policy area is home to newer subdivisions and housing redevelopment". However in this locality there is little to no evidence that this has occurred. There has been a subdivision on Delray Street and Broadmore Avenue, however both of these divisions meet the recommended site area and frontage requirements for Residential Policy Area 20. Residential Zone, Residential Policy Area 20, Principle of Development Control 2 states: "A dwelling should conform to the following site areas and have a frontage to a public road not less than that shown in the following table: Dwelling type Minimum site area



Detached 420 N/A 12 Other dwellings N/A 420 12 Supported accommodation and housing for seniors

N/A 300 25

The proposed development will have a site area of approximately 420 square metres and a frontage to Ayton Avenue of approximately 10.06 metres. The proposed dwelling has a shortfall from the recommended site area of approximately 6 square metres, more detrimental to the streetscape character and locality however is the shortfall in site frontage which is considered inconsistent with the streetscape character and allotment patterns within the locality. Street Setback 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



buildings

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 256 The proposal has a shortfall of 0.5 metres providing a street setback of approximately 7 metres. This shortfall is not considered critical to the application as the majority of the dwelling is set back 7.5 metres and only the front porch will sit forward which is open and allows visibility of the adjoining dwellings when approaching form either end of Ayton Avenue. SUMMARY Whilst the proposed development meets most provisions for a residential dwelling, the shortfall in site area and more particularly site frontage is considered not in keeping with the existing streetscape character and locality or desired character for Residential Policy Area 20. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be at variance with the Development Plan. 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. 211/592/2012 by Construction Services Australia Pty Ltd to construct a single storey detached dwelling at 60 Ayton Avenue, Fulham (CT 5821/306) for the following reasons: 1. The proposed development is contrary to:

§ Residential Policy Area 20 Objective 1, Principles of Development Control 1 and 2

Reason: Proposal is not in accordance with desired character and does not conform to minimum site area and frontage for the policy area.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 262 6.12 60 Ayton Avenue, FULHAM (Dwelling B) Application No. 211/593/2012 DEVELOPMENT APPLICATION DETAILS DEVELOPMENT PROPOSAL Construction of a single storey detached dwelling APPLICANT Construction Services Australia Pty Ltd APPLICATION NO 211/593/2012 LODGEMENT DATE 7 June 2012 ZONE Residential Zone POLICY AREA Residential Policy Area 20 APPLICATION TYPE Merit PUBLIC NOTIFICATION Category 1 REFERRALS Internal



2 February 2012


PREVIOUS or RELATED APPLICATION(S)

· DA 211/592/2012 - Construction of a single storey detached dwelling (Dwelling A) SITE AND LOCALITY

The subject land is described as Allotment 70 Filed Plan 119288 in the area named Fulham Hundred of Adelaide as contained in Certificate of Title Volume 5821 Folio 306. The land is more commonly known as 60 Ayton Avenue, Fulham. The subject land is located on the southern side of Ayton Avenue between Susan Street and Huntington Avenue has a frontage of approximately 20.12 metres to Ayton Avenue, a depth of approximately 41.2 metres and an area of approximately 827.8m². A single storey dwelling, ancillary carports, verandah and outbuilding currently occupy the site. The subject land is located within the Residential Zone and more particularly Residential Policy Area 20. The land is situated approximately 400 metres west of the corner of Henley Beach Road and Tapleys Hill Road which form part of the Neighbourhood Centre Zone. The locality consists predominantly of residential development and is relatively homogenous in nature mostly containing detached dwellings on large allotments, although some row dwellings constructed circa 1960's and 1970's exist in the locality particularly fronting and adjacent Henley Beach Road. The site and locality are shown on the following maps.


The applicant seeks Development Plan Consent for construction of a single storey detached dwelling including a single garage and alfresco under the main roof. A separate application (DA 211/592/2012) has been submitted for a similar dwelling on the same land. This is the subject of item # on the Agenda. It is apparent that pending approval of the separate application the applicant intends to submit a subsequent land division application although no such application has been made to date. A copy of the proposal is contained in 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 PROPOSED DWELLING


420m²

414m² Does Not Satisfy


12m

10.06m Does Not Satisfy


Maximum 50%

45.4% approximately Satisfies


At least the average setback of the adjacent buildings (approx. 7.25m)

6.5m Does Not Satisfy


Side 0m/1m (single storey) 2m (two storey)

0m Setback (E) 1m Setback (W) Satisfies

Rear 3m (single storey) 8m (two storey)

10m setback Satisfies

PRIVATE OPEN SPACE Residential Development PDC 33

Minimum 20%

28.3% Satisfies

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 266 LANDSCAPING Landscaping, Fences & Walls PDC 4

10%

10% Satisfies


2 car-parking spaces required (1 of which is covered)

2 spaces provided (1x covered) Satisfies

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 - Civil Engineer All concerns raised by Council's Civil Engineer have been satisfactorily addressed. A full copy of the relevant report is attached, refer Attachment 2. ASSESSMENT




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




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





20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 38, 46 & 47

Transportation and Access Objectives 2 Principles of Development Control 23, 24, 29, 33, 34 & 35

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 267 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 & 4 Principles of Development Control 1, 3, 6, 7 & 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 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 and Frontage The desired character statement for Residential Policy Area 20 states in part that 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 homogenous and is mainly comprised of detached dwellings'. In addition this locality is characterised by wide frontages, no front fences and established landscaping.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 268 The desired character statement also states: 'This policy area is home to newer subdivisions and housing redevelopment". However in this locality there is little to no evidence that this has occurred. There has been a subdivision on Delray Street and Broadmore Avenue, however both of these divisions meet the recommended site area and frontage requirements for Residential Policy Area 20. Residential Zone, Residential Policy Area 20, Principle of Development Control 2 states: "A dwelling should conform to the following site areas and have a frontage to a public road not less than that shown in the following table: Dwelling type Minimum site area



Detached 420 N/A 12 Other dwellings N/A 420 12 Supported accommodation and housing for seniors

N/A 300 25

The proposed development will have a site area of approximately 420 square metres and a frontage to Ayton Avenue of approximately 10.06 metres. The proposed dwelling has a shortfall from the recommended site area of approximately 6 square metres, more detrimental to the streetscape character and locality however is the shortfall in site frontage which is considered inconsistent with the streetscape character and allotment patterns within the locality. Street Setback 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



buildings

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 269 The proposal has a shortfall of 0.5 metres providing a street setback of approximately 7 metres. This shortfall is not considered critical to the application as the majority of the dwelling is set back 7.5 metres and only the front porch will sit forward which is open and allows visibility of the adjoining dwellings when approaching form either end of Ayton Avenue. SUMMARY Whilst the proposed development meets most provisions for a residential dwelling, the shortfall in site area and more particularly site frontage is considered not in keeping with the existing streetscape character and locality or desired character for Residential Policy Area 20. Having considered all the relevant Objectives and Principles of the Development Plan, the proposal is considered to be at variance with the Development Plan. 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. 211/593/2012 by Construction Services Australia Pty Ltd to construct a single storey detached dwelling at 60 Ayton Avenue, Fulham (CT 5821/306) for the following reasons: 1. The proposed development is contrary to:

§ Residential Policy Area 20 Objective 1, Principles of Development Control 1 and 2 Reason: Proposal is not in accordance with desired character and does not conform to minimum site area and frontage for the policy area.

DEVELOPMENT ASSESSMENT PANEL 11 December 2012 Page 275 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); and 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 Section 49 211/141/2012 Coastal Path, West Beach Sand Transfer Pipeline Section 49 211/824/2012 71-79 Morphett Road,

Camden Park Additions and alterations to existing warehouse

Section 49 211/704/2012 19 Garden Terrace, Underdale

Removal of four regulated trees

Concurrence 211/1051/2012 19A-21 Anzac Highway, Keswick

Installation of two signs

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

Development Status

211/763/2006 London & Scotland Road, Mile End South

Applicant appealed Sec 39(3)(b) refusal decision

Boundary re-alignment

Conciliation conference adjourned until 19 December 2012

NOTE: Italics above indicate updated information. 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

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