SEPARATE ATTACHMENT
Transcript of SEPARATE ATTACHMENT
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SEPARATE ATTACHMENT
Item 5.2
145/8118/2017 Supple Winery Trust
Attachment 1.2.1
Plans and supporting document
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SEPARATE ATTACHMENT
Item 5.2
145/8118/2017 Supple Winery Trust
Attachment 1.2.2
Statement of Support and Effect
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STATEMENT OF EFFECT
TORRENS TITLE LAND DIVISION APPLICATION 145/D045/2017 - TO DIVIDE LAND
(2 INTO 3) ALLOTMENT 1 IN DP 14878 AND ALLOTMENT 5 IN DP 17213,
CLARENDON
Prepared for Trevor Supple
Report prepared by Adelaide Planning & Development Solutions PTY LTD
Contact Mark Kwiatkowski
Telephone 0499933311
Email [email protected]
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STATEMENT OF EFFECT
Lead Consultant ADELAIDE PLANNING AND DEVELOPMENT SOLUTIONS PTY LTD
In association with J & S SURVEYORS
Project Manager Mr Mark Kwiatkowski
Ph: 0499933311
Email: [email protected]
Document History and Status
Version Date Author
V 1.0 August 2019 Mark Kwiatkowski, APDS
© APDS PTY LTD
All rights reserved; these materials are copyright. No part may be reproduced or copied in any way,
form or by any means without prior permission.
This report has been prepared for APDS’ client. APDS and its associated consultants are not liable to
any person or entity for any damage or loss that has occurred, or may occur, in relation to that person
or entity taking or not taking action in respect of any representation, statement, opinion or advice
referred to herein.
APDS – www.adelaideplanning.com.au
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1.0 Application Overview
Applicant Trevor Supple
Address Allotment 1 in DP 14878 and allotment 5 in DP 17213, Clarendon
Existing allotment size 21.69 Ha and 1.97 Ha
Development Plan Onkaparinga Council Development Plan Consolidated – 21 April
2016
Zone Township Zone
Policy Area Clarendon Policy Area 57
Precinct Area Living Precinct 24, Landscape Environs Precinct 23 and Mixed
Use Precinct 25
Maps ONKA/34 and 35
Existing Land Use Old Clarendon Inn which contains a restaurant / wine bar /
function room and detached motel with parking. Vineyards and
ancillary outbuildings
Development proposal Torrens title land division application 145/D045/2017 - to divide
land (2 into 3) lot 1 grants gully road, clarendon (allotment 1 in
DP 14878 and allotment 5 in DP 17213)
Public notification Category 3
Referrals None
Relevant Authority Onkaparinga Council / SCAP
Contact person Mr Mark Kwiatkowski Ph 0499933311
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2.0 Introduction
This Statement of Effect has been prepared by Adelaide Planning and Development Solutions (APDS)
on behalf of Trevor Supple.
Pursuant to Maps ONKA/34 and 35, the subject land is located within the Township Zone of the
Onkaparinga Council Development Plan Consolidated 21 April 2016.
The procedural matters table of the Township Zone states:
Development (including building work, a change in the use of land, or division of an allotment) for the
following is non-complying:
Land division - except where it achieves one of the following (a) to (d):
(c) where located within Precinct 23 Landscape Environs of the Clarendon Policy Area 57 and all of the
following apply:
(i) no additional allotments are created, either partly or wholly within the policy area
(ii) the development of the proposed allotments does not result in a greater risk to pollution of surface
or underground waters than would the development of existing allotments
(iii) each resulting allotment provides a suitable site for a detached dwelling which achieves all of the
following with (A) to (F):
(A) it is not located in areas subject to inundation by a 1-in-100 year average return interval flood event
or sited on land fill which would interfere with the flow of such flood waters
(B) it is connected to an approved waste treatment system which may include sewage, Community
Wastewater Management System, or on-site wastewater treatment and disposal methods
(C) it does not have any part of a septic tank effluent drainage field or any other wastewater disposal
area (e.g. irrigation area) located within 50 metres of a watercourse
(D) it does not have a wastewater disposal area located on any land with a slope greater than 20 per
cent (1-in-5), or depth to bedrock or seasonal or permanent water table less than 1.2 metres
(E) it does not have a septic tank, or any other wastewater treatment facility located on land likely to
be inundated by a 1-in-10 year average return interval flood event
(F) it is sited at least 25 metres from any watercourse
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The proposed development which is creating an additional allotments are within the policy area is
unable to satisfy these exceptions and therefore is a non-complying form of development.
This Statement of Effect has been prepared in accordance with Section 39(2) (d) of the Development
Act 1993, and Regulation 17(5) of the Development Regulations 2008.
This statement includes:
(a) a description of the nature of the development and the nature of its locality; and
(b) a statement as to the provisions of the Development Plan which are relevant to the assessment of
the proposed development; and
(c) an assessment of the extent to which the proposed development complies with the provisions of the
Development Plan; and
(d) an assessment of the expected social, economic and environmental effects of the development on
its locality; and
(e) any other information specified by the relevant authority when it resolves to proceed with an
assessment of the application (being information which the relevant authority reasonably requires in
the circumstances of the particular case).
(f) and may include such other information or material as the applicant thinks fit.
In preparing this Statement of effect, I can confirm that I have reviewed the proposal plans prepared
by Jeans and Sommerville Surveyors Pty Ltd along with the most pertinent provisions of the
Onkaparinga Council Development Plan Consolidated 21 April 2016.
I have also inspected the subject land and locality.
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3.0 Background
3.1 Existing use rights for the site.
The subject land as a whole contains a number of land uses.
The front portion of the subject land has a longstanding use as the Old Clarendon inn which provides a
function centre and motel to the rear of the allotment.
The remainder of the rear allotment site contains vines which have been designed to follow the natural
contours of the subject land.
The site currently has existing access from Miller Street which connects to Grants Gully Road. Further,
the rear allotment (in the area of the proposed allotment) has access to Luke Street.
3.2 Council Resolution to Proceed to assess the non-complying proposal.
Correspondence was received from Council Administration on 17 June 2019 to proceed to the
assessment of the Non Complying application based on the determination that access was able to be
obtained from Luke Street and a suitable waste water system would be able to be accommodated on
the site for future residential development.
A Statement of Effect was requested in order to assess the merits of the application in accordance with
Regulation 17 (5) of the Development Regulations 2008.
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4.0 Subject Land and Locality
4.1 Subject Land
Figure 1 Subject land identified in blue
The subject land comprises two allotments - Allotment 1 in DP 14878 and allotment 5 in DP 17213 in
Clarendon. Allotment 1 is contained within the Mixed Use Precinct and allotment 5 is contained within
the Landscape Environs Precinct.
The subject land as a whole has a total site area of approximately 22.74 Ha and has an access point
from Miller Street (which is accessed from Grants Gully Road) along the north eastern boundary and
also allows for access to Luke Street in the north western corner.
The north eastern portion of the site contains the Old Clarendon Inn which contains a restaurant / wine
bar / function room and detached motel with parking along the north western portion of the site to the
front of the main building. There are a number of smaller outbuildings to the rear of the main building.
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The rear allotment and the remainder of the subject land contains vines which have been designed to
follow the natural contours of the subject land with a dam and outbuilding in the middle of the site.
Allotment 1 is located within both the Living Precinct and Mixed Use Precinct. Allotment 5 is located
within the Landscape Environs Precinct.
The land has a significant slope from the north east to the west and a fall from the middle of the site to
the south.
Electricity Towers and Power Lines extend through the middle of the rear allotment.
The Onkaparinga River runs along the southern and south eastern portion of the site.
4.2 Locality
Figure 2 Locality Plan
The locality consists of a mix of rural living / residential nature to the east and south of the subject land
and residential /commercial nature along Grants Gully Road.
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A vacant allotment abuts the subject land on the northern side of Miller Street, Silvestri’s function centre
on the opposite side of Miller street, a number of heritage buildings, the general store, and single storey
detached dwellings on medium to large sized allotments along Grants Gully Road.
The allotments along Luke Street contain a mix of single and two storey detached dwellings on medium
to large sized allotments. A converted church abuts the subject land to the north which is a heritage
listed building. Dwellings on allotments have been generally located to minimise the extent of cut and
fill required following the natural topography of the land.
The land to the east and south is used for rural / primary production purposes which contains limited
development.
5.0 Planning Assessment
5.1 Nature of Development
The application seeks a Torrens title land division (145/D045/2017) which will to divide two allotments
into three and will also result in internal boundary realignments between Allotments 1 in and 5.
More specifically, the proposal includes:
• Creation of an additional allotment resulting in three separate allotments with the following site
areas
o Allotment 100 - 2627 square metres (new residential allotment)
o Allotment 101 - 2.284 Hectares
o Allotment 102 20.2 Hectares
• Creation of a new access point for Allotment 100 to Luke Street
The above application involves the realignment of the boundary between allotments 1 & 5 and the
creation of an additional allotment for residential purposes.
The reasons for the realignment of this boundary are twofold.
Firstly, there is a need to install a large concrete tank to service the winery complex as required by the
Building Fire Safety Committee. The most viable location for this site is an area in the north eastern
corner of allotment 5. This site permits easy vehicular access from the winery and should be added to
that allotment.
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Secondly, as the situation currently exists, a number of the winery buildings encroach across the
boundary between the two allotments. This is an undesirable situation which needs to be rectified. The
proposed realigned boundary allows working space behind the winery buildings and has been
selected to follow the contours. This is important for access and general property maintenance.
The additional allotment being created would exist predominantly within Township Precinct 24. The
small portion within Precinct 23 is currently subject to a free and unrestricted right of way and no
development would be permitted on this area.
The allotment has access to Luke Street which provides access to existing services.
The condition of the Heritage Winery Complex has deteriorated markedly and continues to do so.
Creating the additional allotment would provide extra cash flow for the owners and will allow for the
restoration of the complex to be undertaken.
The Clarendon Winery has great historical significance to the area and, given the existing situation, this
land division is beneficial to the continuing viability of the complex.
5.2 Kind of Development
Pursuant to Maps ONKA/34, the subject land is located within the Township Zone of the Onkaparinga
Council Development Plan Consolidated 21 April 2016.
The procedural matters table of the Township Zone states:
Development (including building work, a change in the use of land, or division of an allotment) for the
following is non-complying:
Land division - except where it achieves one of the following (a) to (d):
(c) where located within Precinct 23 Landscape Environs of the Clarendon Policy Area 57 and all of the
following apply:
(i) no additional allotments are created, either partly or wholly within the policy area
(ii) the development of the proposed allotments does not result in a greater risk to pollution of surface
or underground waters than would the development of existing allotments
(iii) each resulting allotment provides a suitable site for a detached dwelling which achieves all of the
following with (A) to (F):
(A) it is not located in areas subject to inundation by a 1-in-100 year average return interval flood event
or sited on land fill which would interfere with the flow of such flood waters
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(B) it is connected to an approved waste treatment system which may include sewage, Community
Wastewater Management System, or on-site wastewater treatment and disposal methods
(C) it does not have any part of a septic tank effluent drainage field or any other wastewater disposal
area (e.g. irrigation area) located within 50 metres of a watercourse
(D) it does not have a wastewater disposal area located on any land with a slope greater than 20 per
cent (1-in-5), or depth to bedrock or seasonal or permanent water table less than 1.2 metres
(E) it does not have a septic tank, or any other wastewater treatment facility located on land likely to
be inundated by a 1-in-10 year average return interval flood event
(F) it is sited at least 25 metres from any watercourse
The proposed development which is creating an additional allotments are within the policy area is
unable to satisfy these exceptions and therefore is a non-complying form of development.
This Statement of Effect has been prepared in accordance with Section 39(2) (d) of the Development
Act 1993, and Regulation 17(5) of the Development Regulations 2008.
The Development Act and Regulations sets out an assessment process for non-complying forms of
development. Although Non complying forms of development are not generally considered
appropriate or desirable within a particular zone, there are numerous circumstances where non
complying forms of development can be appropriate. Non complying development can be
approved, however they necessitate a more rigorous assessment process that requires both the
Council and the State Commission Assessment Panel to agree.
In preparing this Statement of effect, I can confirm that I have reviewed the proposal plans prepared
by Jeans and Sommerville Surveyors Pty Ltd along with the most pertinent provisions of the
Onkaparinga Council Development Plan Consolidated 21 April 2016.
I have also inspected the subject land and locality.
In my view, whilst being non-complying, the proposal is acceptable when balanced against all the
relevant provisions of the Development Plan, the existing use of the site and the intent of the relevant
provisions of the Zone.
This will be explored within the content of this report.
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5.3 Development Plan Assessment
We have considered the most relevant provisions of the Township Zone with respect to their intent as
well as the relevant general section provisions.
5.3.1 Summary of Relevant provisions
The development application is required to be assessed against the Development Plan in effect at the
time of lodgement, being the Onkaparinga Council Development Plan Consolidated 21 April 2016.
The following table summarises the provisions which are most relevant in the assessment of this
application.
General Section / Zone / Policy Area Objectives Principles
Township Zone 1, 2, 3 1, 2, 3, 4, 10
Clarendon Policy Area 57 1, 2 Desired Character
Statement
1, 2
Precinct 23 Landscape Environs Desired Character
Statement
6, 7, 8, 9, 11, 12, 13,
Precinct 24 Living Precinct Desired Character
Statement
23, 25, 26, 28
Precinct 25 Mixed Use Desired Character
Statement
31, 32
General Section
Land Division 1, 2, 3, 4, 5 1, 2, 5, 6, 9
Interface between land uses 1, 2, 3 1, 2, 4, 13, 14, 15, 16, 17
Hazards 1, 2, 4, 5 1, 2, 2, 5, 10
Orderly and Sustainable Development 1, 2, 3, 4, 5, 6, 7 1, 2, 4, 8
Transportation and Access 2 8, 14, 22, 23, 29
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5.3.2 Township Zone
Objective 1 Services and facilities grouped together to serve the local community and the visiting
public.
Objective 2 Increased mix in the range of dwellings available to cater for changing demographics,
particularly smaller household sizes and supported accommodation.
Objective 3 Conservation and enhancement of the main road streetscape and scenic rural setting of
the township.
Principle of Development Control 1 The following forms of development are envisaged in the zone:
• Dwelling
• Small-scale tourist development
Principle of Development Control 2 Development listed as non-complying is generally inappropriate.
Principle of Development Control 3 Residential development should be mainly in the form of low-
density detached dwellings, with a limited range of increased density development.
Principle of Development Control 4 Business and commercial development should be of a scale and
function consistent with the role of the township as a local service centre supplying a range of goods
and services to the local community, the surrounding district and visitors to the area.
Land Division
Principle of Development Control 10 Allotments should vary in size and be suitable to facilitate a use of
land consistent with the objectives for the zone.
The above Objectives and Principles of Development Control relating to land use of the Township Zone
encourages services and facilities grouped together to serve the local community and the visiting
public, Increased mix in the range of dwellings available to cater for changing demographics,
particularly smaller household sizes and supported accommodation and Conservation and
enhancement of the main road streetscape and scenic rural setting of the township.
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The subject land has a longstanding use as the Old Clarendon inn which provides a function centre
and motel to the rear of the site on the front allotment. The remainder of the rear allotment site
contains vines which have been designed to follow the natural contours of the subject land which will
not substantially change as a result of the proposed land division.
The proposal seeks to create an additional allotment which is contained within the Living Policy area
and Landscape Environs Precinct in the north western corner of the site which will result in an additional
residential allotment to add to the increased mix in the range of allotments for a future dwelling to
cater for changing demographics in keeping with other dwellings along Luke Street. The additional
allotment will allow for the future redevelopment of the allotment for residential development with
appropriate access, sufficient area for a dwelling to be constructed and sufficient area for the
provision of a waste system which has been given in principle support by Council administration.
Further, the proposal will maintain the existing use of the site as a small scale tourist facility / business in
the form of the Old Clarendon inn which provides a function centre and motel on the front portion of
the site and further vines on the remainder of the site retaining the main road streetscape and scenic
rural setting of the township at the rear of the site.
On this basis, whilst being non complying, it is considered that the proposal satisfies the intent of the
Objectives and Principles of Development Control as they relate to the Township Zone.
5.3.2.1 Township Zone Clarendon Policy Area 57
Objective 1 Conservation and enhancement of the town’s historic character, village atmosphere and
scenic rural setting.
Objective 2 Development that contributes to the desired character of the policy area.
DESIRED CHARACTER
It is important to adopt a new role for the town which deliberately reinforces its finest qualities and
offers the means to better manage its assets. The development of select markets in tourism, recreation,
leisure and local cultural product can serve this end. Area specialisation in small-acreage farming,
yielding a diversity of high quality product, can also assist in promoting Clarendon as a location of
specific importance.
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Tourist development will be centered on low volume, high-yield markets, promoting local product and
the intrinsic qualities of the area. The scale and nature of tourist development will befit the character of
the town and its surroundings. For example, bed and breakfast accommodation and cottage style
accommodation is envisaged in lieu of motel accommodation.
Principle of Development Control 1 The following forms of development are envisaged in the policy
area:
▪ dwelling
▪ dwelling addition
▪ farming
▪ horticulture
▪ small-scale commercial development
▪ small-scale tourist development
Principle of Development Control 2 Development should not be undertaken unless it is consistent with
the desired character for the policy area.
As outlined in the zone provisions, the proposal will result in the majority of the land being retained as a
small scale tourist facility / business in the form of the Old Clarendon inn which provides a function
centre and motel on the front portion of the site and further vines on the remainder of the site retaining
the main road streetscape and scenic rural setting of the township at the rear of the site. The
additional allotment to the rear will allow for the future development of the site for residential / rural
living purposes.
When viewed from the surrounding locality, the proposal will not change the appearance of the site
and will result in the conservation and enhancement of the town’s historic character, village
atmosphere and scenic rural setting in keeping with the intent of the Township Zone Clarendon Policy
Area 57.
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5.3.2.2 Township Zone Precinct 23 Landscape Environs
This precinct is characterised by a rural landscape that forms the visual setting and backdrop for the
town of Clarendon. Development will enhance the amenity and landscaped for the enjoyment of
residents and visitors.
Small scale, low impact agricultural and home based industries are envisaged where they expand the
economic base of the region. Industries will be based upon the processing of agricultural produce
primarily from the region and specialise in the production of organic, gourmet and bush food. Homes
based industries will be based on rural, arts, craft, tourist, cultural or heritage activities appropriate to
the region. Development will complement the region’s character and enhance tourist or heritage
activities and be compatible with local areas.
Where appropriate, low impact and small-scale sustainable tourism development with
accommodation, attractions and facilities which relate to and interpret the natural and cultural
resources of the area, and increase the opportunities for visitors to stay overnight, is envisaged.
Activities which produce strong organic, chemical, or other intractable wastes, will not be established.
Land Use
Principle of Development Control 6 The following forms of development are envisaged in the policy
area:
▪ farming (small scale)
▪ home based industry
▪ horticulture
▪ mineral water extraction and processing plant
▪ small scale facility associated with the interpretation and appreciation of natural and cultural
heritage
▪ small-scale tourist development in the form of bed and breakfast accommodation
▪ winery.
Principle of Development Control 8 Development should not be undertaken unless it is consistent with
the desired character for the precinct.
Principle of Development Control 9 Development should be sensitive to the landscape qualities of the
river environment.
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Principle of Development Control 11 The external materials of buildings should be of natural colours so
as to be unobtrusive, blend with a natural rural landscape and minimise visual intrusion.
Principle of Development Control 12 New buildings and alterations and/or additions to existing buildings
should be designed and constructed to be compatible with the character, scale, form and materials of
existing buildings.
Principle of Development Control 13 The excavation and/or filling of land should:
(a) be kept to a minimum and be limited to a maximum depth or height no greater than 1.5 metres so
as to preserve the natural form of the land and the native vegetation
(b) only be undertaken in order to reduce the visual impact of buildings, including structures, or in order
to construct water storage facilities for use on the allotment
(c) only be undertaken if the resultant slope can be stabilised to prevent erosion
(d) result in stable scree slopes which are covered with top soil and landscaped so as to preserve and
enhance the natural character or assist in the re-establishment of the natural character of the area.
The rear portion of the site within the Township Zone Precinct 23 Landscape Environs currently contains
the vineyards and which will maintain the rural landscape that forms the visual setting and backdrop
for the town of Clarendon and will preserve the amenity and landscaped for the enjoyment of
residents and visitors. A small portion of allotment 5 will be divided to allow for access to the new
allotment to Luke Street (as shown in the image below) however this will not be developed on given
the existing right of way from Luke Street which extends along the north eastern boundary allowing a
right of way for access to the allotment to the east.
Extent of division of land within the Township Zone Precinct 23 Landscape Environs (Green)
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Whilst from a technical point of view, the proposal is creating an additional allotment within the
Township Zone Precinct 23 Landscape Environs which is non complying, the proposal will only result in
the actual development of land within the Township Zone Precinct 24 Living Policy Area for residential
purposes. The portion of the new allotment within the Township Zone Precinct 23 Landscape Environs
provides access from the new allotment to Luke Street through the proposed free and unrestricted right
of way.
The portion of the boundary realignment which encroaches into the Precinct 23 Landscape Environs
reflects the current on the ground situation reflecting the two uses of the allotments – one for the
vineyards and the other for the Old Clarendon inn which provides a function centre and motel on the
front portion of the site. The current existing allotment boundary runs through the rear of the main
function room building and motel building as shown in the image below.
The proposal will not result in any physical change to the appearance of the land (with the exception
of a future driveway to the north eastern corner of the site which will be designed to follow the natural
contours of the land) and will maintain the rural landscape that forms the visual setting and backdrop
for the town of Clarendon as envisaged by the Policy Area provisions.
On this basis, whilst the proposal results in the division of a small portion of land within the Precinct 23
Landscape Environs, it is considered that the proposal is suitable and satisfies the intent of the
Development Plan in this instance.
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5.3.2.3 Township Zone Precinct 24 Living Policy Area
This precinct comprises those parts of the town that are devoted primarily to residential use together
with limited, small scale non-residential uses interspersed throughout this area. Some additional non-
residential uses are envisaged providing that residential amenity is preserved.
New development and redevelopment of existing premises will adopt a form, height, scale and
appearance that reflect the simple historic character of the precinct.
The setbacks of buildings from street frontages, site frontage widths and the spaces around buildings
will be consistent with the historic buildings and predominant historic character attributes of the
relevant part of the precinct which will assist in maintaining the low density highly landscaped
appearance of the area.
The allotment pattern and siting of dwellings and outbuildings varies in a random manner but
predominantly dwellings occupy large to very large allotments and have a spacious and highly
landscaped appearance.
Land division will not be prejudicial to the retention of the historic pattern of development in its locality.
The Grants Gully Road corridor maintains a simple historic, small town character comprising a two lane
road with generally uncluttered verges that is lined by both buildings and vegetation on private land. It
is desirable that the road be visually narrowed to a genuine two lane width through an avenue of tree
planting along the northern road verge (south side avenue planting will commence east of the hotel)
and define the roads edge through features such as timber bollards. It is desirable that taller trees are
planted within properties on south-side of Grants Gully Road.
Principle of Development Control 23 The following forms of development are envisaged in the policy
area:
▪ domestic outbuilding/structures in association with a dwelling
▪ dwelling
▪ dwelling addition
▪ small scale tourist development
▪ supported accommodation.
Principle of Development Control 25 Development should not be undertaken unless it is consistent with
the desired character for the precinct.
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Principle of Development Control 26 A dwelling should not be sited within 15 metres of a definable
creek line (measured from the creek’s top-of-bank) or within a 1-in-100 year average return interval
flood line.
Principle of Development Control 28 Allotments should have an:
(a) area of not less than 1000 square metres
(b) frontage of not less than 25 metres.
The proposed land division seeks to create an additional allotment (allotment 100) which will result in an
area of 2627 square metres with the majority of the allotment contained within the Township Zone
Precinct 24 Living Policy Area. Whilst the proposal is only for the division of the land, the allotment
provides sufficient size for the development of the site for a future dwelling which has access to Luke
Street and provides sufficient area for a waste system in accordance with preliminary comments from
Council administration. The proposed allotment will result in an allotment pattern which reflects the mix
of allotment sizes within the immediate locality with access from Luke Street.
Any future development of the site for residential purposes will adopt a form, height, scale and
appearance that reflect the simple historic character of the precinct with appropriate setbacks of
buildings from street frontages and spaces around buildings maintaining the low density highly
landscaped appearance of the area in accordance with the intent of the precinct.
5.3.2.4 Township Zone Precinct 25 Mixed Use
The purpose of this precinct is briefly outlined as an area comprising the central part of the town that
has traditionally supported a wide variety of uses.
Residential use forms a significant component but co-exists with a range of business, commercial and
community uses, mostly of quite modest scale. Residential use is an important off-set to non-residential
use in terms of maintaining village character and atmosphere. In this regard heritage cottages fronting
the Main Street in residential use will be specifically retained as dwellings.
Businesses catering to low-volume tourism, the hospitality trade and the daily needs of local residents
will commonly feature within the area. Traditional elements such as the general store, church,
community hall and hotel will be preserved and complimented rather than displaced by new
development. Complimentary uses may include a tearoom, restaurant, coffee shop, art and craft
studio/gallery, plant nursery, reception facilities, small-scale tourist accommodation, and tourist
promotion.
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Commercial and business development will be of a scale and nature that pays careful regard to the
historic built-form fabric of the town. Wherever possible, business and commercial uses will be sited
within existing buildings and aid heritage conservation.
Although Grants Gully Road is an arterial road, the dominance of through traffic over its main street role
will be reduced through a narrowing of the road, principally through the introduction of street trees to
define the edges of the carriageway. Additional features will include changes in road pavement, street
lighting, street furniture, timber bollards, signage and block paved footpaths of styles and colours
consistent with the historic character of the town to define its main street role and improve its setting.
Land division will be limited so that the historic pattern of development within the precinct including
allotment and site frontages, the rhythm of spaces between the built form and the pattern of space
around buildings are maintained.
Principle of Development Control 31 The following forms of development are envisaged in the policy
area:
▪ art/craft studio/gallery
▪ plant nursery
▪ reception facility
▪ café/restaurant
▪ small scale commercial development
▪ shop
▪ small scale tourist accommodation.
Principle of Development Control 32 Development should not be undertaken unless it is consistent with
the desired character for the precinct.
The north eastern portion of the site contains the Old Clarendon Inn which contains a restaurant / wine
bar / function room and detached motel with parking along the north western portion of the site to the
front of the main building with access from Miller Street which will not be altered as a result of the
proposed land division. The proposal maintains the approved and longstanding use of the land as the
Clarendon Inn.
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5.3.3 General Section
5.3.3.1 General Section – Land Division
Objective 1 Land division that occurs in an orderly sequence allowing efficient provision of new
infrastructure and facilities and making optimum use of existing underutilised infrastructure and facilities.
Objective 2 Land division that creates allotments appropriate for the intended use.
Objective 3 Land division layout that is optimal for energy efficient building orientation.
Objective 4 Land division that is integrated with site features, including landscape and environmental
features, adjacent land uses, the existing transport network and the availability of infrastructure.
Objective 5 Land division restricted in rural areas to ensure the efficient use of rural land for primary
production and avoidance of uneconomic infrastructure provision.
With regard to the above Objectives, the proposed land division will utilise the existing infrastructure
connected to the subject land and will result in an additional residential allotment at a density in
keeping with the intent of the Township Zone Precinct 24 Living Policy Area requirements. Further, the
proposal will result in an appropriate orientation of the allotment which will provide optimal for energy
efficient building orientation. Further, the proposal will maintain the use of allotment 5 for rural /
viticultural purposes.
Principle of Development Control 1 When land is divided:
(a) stormwater should be capable of being drained safely and efficiently from each proposed
allotment and disposed of from the land in an environmentally sensitive manner
(b) a sufficient water supply should be made available for each allotment
(c) provision should be made for the disposal of wastewater, sewage and other effluent from each
allotment without risk to health
(d) proposed roads should be graded or be capable of being graded to connect safely and
conveniently with an existing road or thoroughfare.
It is considered that any future development of the allotment will accommodate a suitable stormwater
management proposal which will ensure that there will be a minimal impact on landform and drainage
systems will not result in any flooding or lead to or result in the exploitation or pollution of a water
resource. Access to the site will be from the existing road network. The suitability of the stormwater and
access to infrastructure will be considered in more detail at the land use application stage.
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Principle of Development Control 2 Land should not be divided if any of the following apply:
(a) the size, shape, location, slope or nature of the land makes any of the allotments unsuitable for the
intended use
(b) any allotment will not have a frontage to one of the following:
(i) an existing road
(ii) a proposed public road
(iii) access to a public road via an internal roadway in a plan of community division
(c) the intended use of the land is likely to require excessive cut and/or fill
(d) it is likely to lead to undue erosion of the subject land or land within the locality
(e) the wastewater treatment plant to which subsequent development will be connected does not
have sufficient capacity to handle the additional wastewater volumes and pollutant loads generated
by such development
(f) the area is unsewered and cannot accommodate an appropriate onsite wastewater disposal
system within the allotment that complies with (or can comply with) the relevant public and
environmental health legislation applying to the intended use(s)
(g) any allotments will straddle more than one zone, policy area or precinct
(h) the allotments unreasonably restrict access to publicly owned land such as recreation areas.
The proposed land division in this instance provides an additional allotment with a size and shape which
is suitable for its intended residential / rural living land use. The proposed allotment has access to an
existing road, will not result in excessive cut and or fill and will be connected to the existing
infrastructure that services the subject land.
Design and Layout
Principle of Development Control 5 Land division should result in allotments of a size suitable for their
intended use.
Principle of Development Control 6 Land division should facilitate optimum solar access for energy
efficiency.
The proposal the proposal will result in an appropriate orientation of the allotment which will provide
optimal for energy efficient building orientation in keeping with the intent of the above Principle of
Development Control.
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Principle of Development Control 9 Allotments should have an orientation, size and configuration to
encourage development that:
(a) minimises the need for earthworks and retaining walls
(b) maintains natural drainage systems
(c) faces abutting streets and open spaces
(d) does not require the removal of native vegetation to facilitate that development
(e) will not overshadow, dominate, encroach on or otherwise detrimentally affect the setting of the
surrounding locality.
The proposed allotment will have an orientation, size and configuration which will result in the future
residential development which will not require significant earthworks or retaining walls; will not require
the removal of native vegetation; and will not overshadow, dominate, encroach on or otherwise
detrimentally affect the setting of the surrounding locality in accordance with the intent of the above
Principle of Development Control.
5.3.3.2 General Section – Interface between land uses
Objective 1 Development located and designed to minimise adverse impact and conflict between
land uses.
Objective 2 Protect community health and amenity from adverse impacts of development.
Objective 3 Protect desired land uses from the encroachment of incompatible development.
Principle of Development Control 1 Development should not detrimentally affect the amenity of the
locality or cause unreasonable interference through any of the following:
(a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants
(b) noise
(c) vibration
(d) electrical interference
(e) light spill
(f) glare
(g) hours of operation
(h) traffic impacts.
Principle of Development Control 2 Development should be sited and designed to minimise negative
impacts on existing and potential future land uses desired in the locality.
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Principle of Development Control 4 Residential development adjacent to non-residential zones and
land uses should be located, designed and/or sited to protect residents from potential adverse impacts
from non-residential activities.
Principle of Development Control 13 The potential for adverse impacts resulting from rural development
should be minimised by:
(a) not locating horticulture or intensive animal keeping on land adjacent to townships
(b) maintaining an adequate separation between horticulture or intensive animal keeping and
townships, other sensitive uses and, where desirable, other forms of primary production.
Principle of Development Control 14 Traffic movement, spray drift, dust, noise, odour and the use of
frost fans and gas guns associated with primary production should not lead to unreasonable impact on
adjacent land uses.
Principle of Development Control 15 Existing primary production and mineral extraction should not be
prejudiced by the inappropriate encroachment of sensitive uses such as urban development.
Principle of Development Control 16 Development that is adjacent to land used for primary production
(within either the zone or adjacent zones) should include appropriate setbacks and vegetative
plantings designed to minimise the potential impacts of chemical spray drift and other impacts
associated with primary production.
Principle of Development Control 17 New urban development should allow for a buffer of at least 40
metres wide (inclusive of any fuel break, emergency vehicle access or road) separating urban and
rural activities.
Orderly planning attempts to ensure that there is appropriate separation between incompatible land
uses generally by establishing zones in which certain activities are contemplated. Development should
be located and designed to minimise adverse impact and conflict between land uses whilst ensuring
the protection of desired land uses from the encroachment of incompatible development.
The proposed land division seeks to create an additional allotment (allotment 100) which will result in an
area of 2627 square metres with the majority of the allotment contained within the Township Zone
Precinct 24 Living Policy Area. Whilst the proposal is only for the division of the land, the allotment
provides sufficient size for the development of the site for a future dwelling which has access to Luke
Street and provides sufficient area for a waste system in accordance with preliminary comments from
Council administration. The proposed allotment will result in an allotment pattern which reflects the mix
of allotment sizes within the immediate locality with access from Luke Street.
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Any future development of the site for residential purposes will adopt a form, height, scale and
appearance that reflect the simple historic character of the precinct with appropriate setbacks of
buildings from street frontages and spaces around buildings maintaining the low density highly
landscaped appearance of the area in accordance with the intent of the precinct.
Further, the proposal will maintain the existing uses on the adjoining allotments for viticultural purposes
and the proposed allotment is of a sufficient size to allow for adequate buffering / screening to the
existing adjoining viticultural land use.
5.3.3.3 General Section – Hazards
Objective 1 Maintenance of the natural environment and systems by limiting development in areas
susceptible to natural hazard risk.
Objective 2 Development located away from areas that are vulnerable to and cannot be adequately
and effectively protected from the risk of natural hazards.
Objective 4 Development located and designed to minimise the risks to safety and property from
flooding.
Objective 5 Development located to minimise the threat and impact of bushfires on life and property.
Principle of Development Control 1 Development should be excluded from areas that are vulnerable
to, and cannot be adequately and effectively protected from, the risk of hazards.
Principle of Development Control 2 Development located on land subject to hazards as shown on the
Overlay Maps - Development Constraints should not occur unless it is sited, designed and undertaken
with appropriate precautions being taken against the relevant hazards.
Principle of Development Control 3 There should not be any significant interference with natural
processes in order to reduce the exposure of development to the risk of natural hazards.
Principle of Development Control 5 Development should not occur on land where the risk of flooding is
likely to be harmful to safety or damage property
Principle of Development Control 10 Buildings and structures should be located away from areas that
pose an unacceptable bushfire risk as a result of one or more of the following:
(a) vegetation cover comprising trees and/or shrubs
(b) poor access
(c) rugged terrain
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(d) inability to provide an adequate building protection zone
(e) inability to provide an adequate supply of water for firefighting purposes.
The above provisions seek to ensure development is located away from areas which are vulnerable to
and cannot be adequately and effectively protected from the risk of natural hazards. Further should eb
located and designed to minimise the risks to safety and property from flooding and to minimise the
threat and impact of bushfires on life and property.
The proposal in this instance involves no alteration to the appearance of the subject land with the
exception of a new access point from Luke Street.
The subject land is not located within an area known for flood an or drainage concerns and the subject
land is not located within the bushfire risk area as outlined in Maps Onka / 34 and 35. The proposed
division is not considered to be unacceptable in terms of bushfire risk or flooding. Further, the proposal
will not result in the removal of any native vegetation on the site.
5.3.3.4 General Section – Orderly and Sustainable Development
Objective 1 Orderly and economical development that creates a safe, convenient and pleasant
environment in which to live.
Objective 2 Development occurring in an orderly sequence and in a compact form to enable the
efficient provision of public services and facilities.
Objective 3 Development that does not jeopardise the continuance of adjoining authorised land uses.
Objective 4 Development that does not prejudice the achievement of the provisions of the
Development Plan.
Objective 5 Development abutting adjoining Council areas having regard to the policies of that
Council’s Development Plan.
Objective 6 Urban development located only in zones designated for such development.
Objective 7 Urban development contained within existing townships and settlements and located only
in zones designated for such development.
Principle of Development Control 1 Development should not prejudice the development of a zone for
its intended purpose.
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Principle of Development Control 2 Land outside of townships and settlements should primarily be used
for primary production, conservation purposes
Principle of Development Control 4 Urban development should form a compact extension to an
existing built-up area.
Principle of Development Control 8 Vacant or underutilised land should be developed in an efficient
and co-ordinated manner to not prejudice the orderly development of adjacent land.
The proposed land division seeks to create an additional allotment (allotment 100) which will result in an
area of 2627 square metres with the majority of the allotment contained within the Township Zone
Precinct 24 Living Policy Area. Whilst the proposal is only for the division of the land, the allotment
provides sufficient size for the development of the site for a future dwelling which has access to Luke
Street and provides sufficient area for a waste system in accordance with preliminary comments from
Council administration. The proposed allotment will result in an allotment pattern which reflects the mix
of allotment sizes within the immediate locality with access from Luke Street.
Any future development of the site for residential purposes will adopt a form, height, scale and
appearance that reflect the simple historic character of the precinct with appropriate setbacks of
buildings from street frontages and spaces around buildings maintaining the low density highly
landscaped appearance of the area in accordance with the intent of the precinct.
Further, the proposal will maintain the existing uses on the adjoining allotments for viticultural purposes
and the proposed allotment is of a sufficient size to allow for adequate buffering / screening to the
existing adjoining viticultural land use and forms a reasonable extension to an existing built-up area.
5.3.3.5 General Section – Transportation and Access
Objective 2 Development that:
(a) provides safe and efficient movement for all transport modes
(b) ensures access for vehicles including emergency services, public infrastructure maintenance and
commercial vehicles
(c) provides off-street parking
(d) is appropriately located so that it supports and makes best use of existing transport facilities and
networks
(e) provides convenient and safe access to public transport stops.
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Principle of Development Control 8 Development should provide safe and convenient access for all
anticipated modes of transport.
Principle of Development Control 14 Development should provide for the on-site loading, unloading
and turning of all traffic likely to be generated.
Principle of Development Control 22 Development should have direct access from an all-weather
public road.
Principle of Development Control 23 Development should be provided with safe and convenient
access which:
(a) avoids unreasonable interference with the flow of traffic on adjoining roads
(b) provides appropriate separation distances from existing roads or level crossings
(c) accommodates the type and volume of traffic likely to be generated by the development or land
use and minimises induced traffic through over-provision
(d) is sited and designed to minimise any adverse impacts on the occupants of and visitors to
neighbouring properties.
Principle of Development Control 29 Driveways, access tracks and parking areas should be designed
and constructed to:
(a) follow the natural contours of the land
(b) minimise excavation and/or fill
(c) minimise the potential for erosion from surface runoff
(d) avoid the removal of existing vegetation
(e) be consistent with Australian Standard AS: 2890 - Parking facilities.
The proposal will provide a new access to Luke Street in the north western corner of the allotment.
Preliminary designs have been undertaken to demonstrate that suitable access to the site can be
achieved which follow the natural contours of the land, minimise the need for excessive cut and fill and
will not result in the removal of any vegetation of significance. The proposed access to Luke Street will
result in safe and convenient access with direct access to and all weather public road. There is
sufficient area proposed to allow for vehicle manoeuvrability throughout all allotments.
It is considered that the proposal will note result in any significant increase in traffic visiting the subject
land or locality does not interfere with the free flow of traffic on the existing road network.
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5.3.3.6 Residential Development
Whilst the proposal is for a land division, regard should be given to ensure the land is suitable for its
intended use. A future dwelling on the allotment will satisfy the residential requirements of the
Development Plan in that it will:
• will provide sufficient land for the construction of a future dwelling which will sit comfortably on the
subject land,
• provide sufficient setbacks from front, side and rear boundaries.
• Proposes an appropriate access to Luke Street,
• will provide sufficient private open space for the existing and proposed dwelling,
• the proposed dwelling can be connected to public utility services such as drainage,
telecommunications, water supply and sewerage (septic system), and
• provision will be made for additional landscaping on the site to the front and rear of the site.
It is considered that a high standard of amenity will be maintained on the site with any future
development through its scale and appearance will be in keeping with that established character in
the locality.
A more detailed assessment of any dwelling on the subject land will be undertaken at a later stage;
however, for the reasons outlined above it is considered that the land is suitable for its intended
residential land use.
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6.0 Social, Environmental and Economic effects
The proposal provides the following Social, Environmental and Economic impacts:
6.1 Social
Social benefits arising from the approval of the proposal include:
• The proposal will note result in any detrimental impacts on the amenity of the existing living
conditions of the adjoining residents on adjoining allotments.
• The proposed additional allotment and amendments to the existing allotments will maintain the
existing land uses on the site and will not result in any increase in intensity of the use of the land and
the proposal will not detrimentally affect the amenity of the locality.
• Given the application will be publicly notified, the application process provides opportunity for
residents to provide comment on the proposal.
6.2 Environmental
Environmental benefits arising from the approval of the proposal include:
• The proposal would have a measurable environmental impact resulting in a lesser external impact
on the adjoining residential properties through further separation of the viticultural activities on
allotment 102 as a result of the additional residential / rural living allotment.
• The proposal will not further impact on the surrounding locality by way of noise, traffic impacts and
hours of operation compared with the existing approved land uses on the site.
6.3 Economic
Economic benefits arising from the approval of the proposal include:
• The development provides for the increased functional and economic use of the subject land.
• The development will not prejudice the continuation of surrounding land uses or impact on
property value for adjoining residents.
• The condition of the Heritage Winery Complex has deteriorated markedly and continues to do so.
Creating the additional allotment would provide extra cash flow for the owners and will allow for
the restoration of the complex to be undertaken. The Clarendon Winery has great historical
significance to the area and, given the existing situation, this land division is beneficial to the
continuing viability of the complex.
• The proposal will connect to existing infrastructure such as electricity, water and sewer.
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7.0 Conclusion
The application seeks a Torrens title land division (145/D045/2017) which will to divide two allotments
into three and will also result in internal boundary realignments between Allotments 1 in and 5.
More specifically, the proposal includes:
• Creation of an additional allotment resulting in three separate allotments with the following site
areas
o Allotment 100 - 2627 square metres (new residential allotment)
o Allotment 101 - 2.284 Hectares
o Allotment 102 20.2 Hectares
• Creation of a new access point for Allotment 100 to Luke Street
The proposal seeks to create an additional allotment which is contained within the Living Policy area
and Landscape Environs Precinct in the north western corner of the site which will result in an additional
residential allotment to add to the increased mix in the range of allotments for a future dwelling to
cater for changing demographics in keeping with other dwellings along Luke Street. The additional
allotment will allow for the future redevelopment of the allotment for residential development with
appropriate access, sufficient area for a dwelling to be constructed and sufficient area for the
provision of a waste system which has been given in principle support by Council administration.
Whilst from a technical point of view, the proposal is creating an additional allotment within the
Township Zone Precinct 23 Landscape Environs which is non-complying, the proposal will only result in
the actual development of land within the Township Zone Precinct 24 Living Policy Area for residential
purposes. The portion of the new allotment within the Township Zone Precinct 23 Landscape Environs
provides access from the new allotment to Luke Street through the proposed free and unrestricted right
of way.
The portion of the boundary realignment which encroaches into the Precinct 23 Landscape Environs
reflects the current on the ground situation reflecting the two uses of the allotments – one for the
vineyards and the other for the Old Clarendon inn which provides a function centre and motel on the
front portion of the site. The current existing allotment boundary runs through the rear of the main
function room building and motel building. The proposal will maintain the existing use of the site as a
small scale tourist facility / business in the form of the Old Clarendon inn which provides a function
centre and motel on the front portion of the site and further vines on the remainder of the site retaining
the main road streetscape and scenic rural setting of the township at the rear of the site.
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The proposal will have an acceptable impact on the amenity of the adjoining residential properties
and other land uses. The proposal will result in a development which is compatible with surrounding
residential land uses and will not adversely impact future development of the locality and/or
detrimentally impact upon any surrounding development compared with the existing use on the site
noting that the site has longstanding use rights as a function centre / winery and use of the land for
viticultural purposes.
The proposed land division in this instance provides an additional allotment with a size and shape which
is suitable for its intended residential / rural living land use. The proposed allotment has access to an
existing road, will not result in excessive cut and or fill and will be connected to the existing
infrastructure that services the subject land.
The proposed allotment will have an orientation, size and configuration which will result in the future
residential development which will not require significant earthworks or retaining walls; will not require
the removal of native vegetation; and will not overshadow, dominate, encroach on or otherwise
detrimentally affect the setting of the surrounding locality The proposal does not prejudice the zone for
its intended purpose as outlined in the above assessment against the relevant Zone provisions and is
consistent with the existing use of the site within the Town Zone. The proposal will result in a reasonably
sized allotment for the future residential redevelopment of the site.
After careful consideration of the proposed development and having regard to the relevant provisions
of the Development Plan, it is my opinion, considered that the proposal satisfies the intent of the
Objectives and Principles of Development Control as they relate to the Township Zone and the Living
Precinct 24, Landscape Environs Precinct 23 and Mixed Use Precinct 25 of the Clarendon Policy Area
57, the general provisions of the Onkaparinga Council Development Plan Consolidated 21 April 2016
and the unique circumstances of the subject land and locality.
On this basis, whilst being non complying, it is considered that the proposal satisfies the intent of the
Objectives and Principles of Development Control as they relate to the Township Zone and the Living
Precinct 24, Landscape Environs Precinct 23 and Mixed Use Precinct 25 of the Clarendon Policy Area
57.
For all the above reasons, notwithstanding its non-complying status, and having regard to the above
assessment, the proposal is considered to demonstrate sound performance against the pertinent
Development Plan standards. Accordingly, Development Plan Consent is warranted.
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If you have any further questions regarding this application or require additional information, please
contact me on 0499 933 311.
Yours Sincerely,
Mark Kwiatkowski MPIA CPP
Director/ Urban and Regional Planner
Adelaide Planning & Development Solutions Pty Ltd - Town Planning Specialists - Planning Private
Certifiers
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City of Onkaparinga Council Assessment Panel 12 December 2019
Date Printed: 4 December 2019
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SEPARATE ATTACHMENT
Item 5.2
145/8118/2017 Supple Winery Trust
Attachment 1.2.3
Agency referral reports
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From: O'Sullivan, Kevin (DEWNR)Sent: 11 May 2018 15:57:31 +0930To: Stephen BothCc: Strickland, Gillian (DEWNR)Subject: RE: Re:- Land Division Appplication 145/D045/2017 - To divide land (1 into 2) at Lot 1 Grants Gully Road, Clarendon (Non-complying Development) [DLM=For-Official-Use-Only]
For Official Use Only
Hi Stephen We don’t have any objection to any of these land divisions as long as the respective TWO STATE HERITAGE PLACES* are still on their own parcels. The listing does not change so the land the listed place was on remains the same land no matter that the titles may have changed. This is to ensure that the setting of the places is maintained or respected and the significance of the listed places is not compromised by any later development. *the places are
1. Clarendon winery SH ID 111932. Wesleyan Methodist Church SH ID 14256
Regards Kevin O’Sullivan B Arch (Hons 1)| SA Registered 2762 | M ICOMOS
Senior Conservation Architect
Heritage South AustraliaDepartment for Environment and Water; ESDGroup |P (08) 8124 4922 or Direct line 8124 4715| Level 8, 81-91 Waymouth Street, ADELAIDE SA 5000GPO Box 1047, Adelaide, SA 5001, AUSTRALIA environment.sa.gov.au | naturalresources.sa.gov.au | waterconnect.sa.gov.auTwitter | YouTube | Good Living
From: Strickland, Gillian (DEWNR) Sent: Friday, 11 May, 2018 2:14 PMTo: O'Sullivan, Kevin (DEWNR) <Kevin.O'[email protected]>Subject: FW: Re:- Land Division Appplication 145/D045/2017 - To divide land (1 into 2) at Lot 1 Grants Gully Road, Clarendon (Non-complying Development) [DLM=For-Official-Use-Only]
For Official Use Only
Version: 1, Version Date: 12/06/2018Document Set ID: 4450831
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From: Stephen Both [mailto:[email protected]] Sent: Friday, 11 May, 2018 2:10 PMTo: Strickland, Gillian (DEWNR) <[email protected]>Subject: Re:- Land Division Appplication 145/D045/2017 - To divide land (1 into 2) at Lot 1 Grants Gully Road, Clarendon (Non-complying Development) Dear Gillian Please find attached a copy of the “statement of support” for the above land division which is located adjacent land that is listed as a State Heritage Place (Clarendon Winery). I note that the Heritage Branch have not provided their comments in relation to the proposed land division as yet. I can only presume that this is because the attached advice was not included as part of the original application documents. I have asked the applicant’s surveyor to up-load the attached information onto EDALA so that any formal comments can be made in relation to the proposed division of land. Should you have any questions regarding the attached information, please do not hesitate to contact me on the number set out below. Regards Stephen BothSenior Development Officer (Planning)Corporate and City ServicesPh (08) 8384 0593www.onkaparingacity.com
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Contact Planning Services Telephone 7109 7016 14 June 2017 Mr Mark Dowd Chief Executive Officer City of Onkaparinga PO Box 1 NOARLUNGA CENTRE SA 5168 Dear Sir Re: Proposed Development Application No.145/D045/17 (ID 57132) by Supple Winery Trust Further to my letter dated 28 March 2017 and to assist the Council in reaching a decision on this application, copies of the reports received by the Commission from agencies that it has consulted have been uploaded for your consideration. Should Council decide to approve this application, the following requirements of the Development Assessment Commission must be included as a condition of approval, pursuant to Section 33 (1) (c) of the Development Act.
1. The financial requirements of the S A Water Corporation shall be met for the provision of water supply. (S A Water H0057204)
SA Water advises on receipt of the developer details and site specifications an investigation will be carried out to determine if the connections to your development will be standard or non standard fees. On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within its boundaries.
2. Payment of $6676 into the Planning and Development Fund (1 allotment/s @ $6676/allotment). Payment may be made
by credit card via the internet at www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the Development Assessment Commission marked “Not Negotiable” and sent to GPO Box 1815, Adelaide 5001 or in person, by cheque or credit card, at Level 5, 50 Flinders Street, Adelaide.
3. A final plan complying with the requirements for plans as set out in the Manual of Survey Practice Volume 1 (Plan
Presentation and Guidelines) issued by the Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.
Council’s particular attention is drawn to the comments by SA Power Networks for this application. It is pointed out to Council that a response from DEWNR - State Heritage has not been received. The Commission does not generally support non-complying land division applications without adequate and detailed justification. Should Council decide to approve this proposal as a non-complying land division, all relevant details pertaining to the application will need to be sent to the Development Assessment Commission for concurrence purposes. You are referred to Section 35 (3) of the Development Act 1993 and Regulation25 (b) of the Development Regulations 2008 with respect to the details required. Yours faithfully
Brett Miller TEAM LEADER – PLANNING SERVICES as delegate of the DEVELOPMENT ASSESSMENT COMMISSION Q:\PLANNINGSERVICES\TEMPLATES\STATEMENTS\ELECTRONIC\TFF2R edala
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04 April 2017
SA Water Level 6, 250 Victoria Square ADELAIDE SA 5000 Ph (08) 7424 1119
Our Ref: H0057204 Inquiries Michael Zoanetti Telephone 7424 1119
The Chairman Development Assessment Commission 136 North Terrace ADELAIDE SA 5000
Dear Sir/Madam
PROPOSED LAND DIVISION APPLICATION NO: 145/D045/17 AT CLARENDON In response to the abovementioned proposal, I advise that pursuant to Section 33 of the Development Act it is necessary for the developer to satisfy this Corporation's requirements, which are listed below. The financial requirements of SA Water shall be met for the provision of water supply. Subject to our new process, on receipt of the developer details and site specifications an investigation will be carried out to determine if the connections to your development will be standard or non standard fees. On approval of the application, all internal water piping that crosses the allotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipework relating to each allotment is contained within its boundaries. Yours faithfully Michael Zoanetti for MANAGER LAND DEVELOPMENT & CONNECTIONS
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SEPARATE ATTACHMENT
Item 5.2
145/8118/2017 Supple Winery Trust
Attachment 1.2.4
Representation received
Please note that attachments on our website are separate to each report. If these documents are reproduced in any way, including saving and printing, it is an infringement of copyright under the Copyright Act 1968(Cth) (the Act). By downloading this information, you acknowledge and agree that you will be bound by the provisions of the Act and will not reproduce these documents without the express written permission of the copyright owner.
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D e v e l o p m e n t Act S t a t e m e n t o f Representation
Pursuant to Section 38 of the Development Act
Viewing options • City of Onkaparinga's Noarlunga office (and office closest to proposed development) during business hours. • Via Council's website - Category 3 development applications (not Category 2 applications) can be found at:
www.onkaparingacity.com/planning-and-development/applications-for-public-comment
Submission options: • arplicationsonkaparinga.sa.gov.au o City of Onkaparinga, P0 Box 1, NOARLUNGA CENTRE SA 5168
Details o f development application Development Number: 145/8118/2017 Applicant: I Supple Winery Trust Location of Development: l-%IIUL I L O u l u r J ? 1 O I 0 O ( / - d I U L J i i r L I . I 3 J l d l ILZ:, kJU11Y M U C I U , LLJ%1\LINL
SA 5157 Nature of Development: Land Division (2 into 3) creating one additional allotment (non-complying) Zone: Township Assessing planning officer: Steve Tilbrook
In order for this representation* t o b e considered valid ALL o f t h e following (sect ions 1 - 3 ) must be completed.
1. The representation must be received by Council no later than 11.59pm on Monday 2 3 September 2019
2. Name of representor(s): i'ominatea representor ir more than two people: Address of representor(s): Contact phone number: E-mail address:
Reasons for the representation, including whether in favour or against.
As owners of a Local Heritage listed property in Clarendon, we understand the significance of protecting heritage values and abiding by the Township zone Clarendon Policy Area 57 to 'conserve and enhance the town's historic character, village atmosphere and scenic rural setting'
We applaud the effort of the applicant to rejuvenate the Old Clarendon Inn function centre and Motel, which has ceased to operate as a tourism business and now provides only low level rental accommodation. However we believe that the proposed development location is a non-complying activity (residential accommodation development) within a prominent historic zone and the surrounding built heritage that will compromise the value of the visual amenity and heritage landscape of the towns setting and does not comply with the intent of State and local Heritage policy and legislation.
The proposed creation of an additional allotment 'allotment 100' we feel is non-complying due to the requirement to change the precinct zoning causing a decrease in the size of zone Precinct 23 (Landscape Environs). Township Zone Precinct 23 is 'characterised by a rural landscape that forms the visual setting and backdrop for the town of Clarendon'. The application states that the vineyard will be maintained, yet if allotment 100 becomes a residential allotment for future development it can clearly be demonstrated that the current vineyards within the proposed area of allotment 100 could be removed for future development needs (see FIGURE 1). The undeveloped hill slope of Precinct 23 provides the backdrop for tourism and heritage values not only to the current allotment of the Old Clarendon Inn and Motel but as a prominent historic identity for the town of Clarendon.
Further reasons for not supporting the proposed additional creation of an allotment and rezoning for the intent of residential allotment as per the application, is this location has State Heritage significance that the development will compromise. Clarendon Winery Complex (which forms the allotment of the Old Clarendon Inn and Motel) is a registered State Heritage Place (State Heritage ID 11193 Heritage Number 5144) with the Vineyard hills face zone as a contributory item (State Heritage ID 5183). The proposed creation of allotment 100 shares the boundary of
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Development Act Statement o f Representation
Pursuant to Section 38 of the Development Act former Clarendon Wesleyan Methodist Church located on Luke St is also listed on the SA State Heritage register (ID 14256 Heritage Number 5188). State Heritage policy states that "It is important to note that development control is not limited to the registered structures but e x t e n d s t o the ir s e t t i n g a n d s tructures n e a r b y (what is termed 'development affecting' a State Heritage Place) Hence i t i vital that exact details o f the listed place and implications for any proposed development be discussed with Heritage South Australia staff"
For State Heritage Places, 'development' as defined by the Development Act includes: • subdivision, or boundary realignment; • a change of use, or introducing an additional use; • alterations and additions; • any other work that could materially affect the heritage value of a State Heritage Place
We therefore believe that the application for land division and rezoning to allow for residential development does not comply with the State Heritage listing of the Clarendon Winery Complex, the Vineyard hills face zone and the neighbouring former Methodist Church located on Luke St.
Lastly, the development application does not support the South Australian Government state policy in developing a strategic direction for "Heritage Tourism in South Australia"that states "Heritage is what we inherit from the past and use in the present day, i t is both human made and natural, our heritage is reflected in our landscapes, our buildings and places that serve to this day in the stories that we tell about ourselves, the traditions we maintain, and the objects that connect us to the past"- Clarendon is a unique village set in a picturesque valley where heritage tourism values will only increase into the future. We have included four historic archived photographs (see FIGURES 2 - 5) that depict the heritage, landscape amenity and historical value of the proposed allotment 100 which depict the essence of protecting our heritage landscapes and heritage places by conforming to the purpose and intent of local and state development policies.
4. Please indicate whether you wish to be heard by Council Assessment Panel in respect of your representation:
El I do not wish to be heard
Ely j wish to be heard in person, or represented by............................................. (please specify name)
SIGNED#: DATE: 23/9/2019................................ *All representations will become public documents and will be forwarded to the applicant for response pursuant to the provisions of
the Development Act 1993. Please note your representation may be reproduced, in full, on the council's website as an attachment to a Council Assessment Panel report. Please contact council's Development Services section if you wish to request that any private contact details be masked. Yes Please mask our contact details #If submitting this form electronically a name rather than signature is acceptable.
FIGURE 1: An estimated area of where the proposed creation of additional allotment 100, will no doubt require the future removal of vineyards for the development of a residential allotment. [access Nature Maps (h t t s :7/data .environment.sa.ciov.au/NatureMaps/Pages/default.aspx]
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Pursuant to Section 38 o f the Development Act
1 9 m a n N
IIIIIIIIIIIIIII1 C k k c r t d s h p e e d I i n d r - O o ble c
E I
FIGURE 2: depicting heritage value of the hills face zone of the proposed allocation
FIGURE 3. Clear view of the visual impact of the proposed development would have on the historic hills face zone of the vineyard and neighbouring historic buildings
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Development Act Statement of Representation
Pursuant to Section 38 o f the Development Act
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FIGURE 4 Detailed historic photo of the proposed development site and historic and visual setting of Precinct 23
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Development Act Statement o f Representation
Pursuant to Section 38 o f the Development Act
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FIGURE 5. Historic postcard, again depicting the landscape view of the vineyard hills face zone
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SEPARATE ATTACHMENT
Item 5.2
145/8118/2017 Supple Winery Trust
Attachment 1.2.5
Applicants response to representation
Please note that attachments on our website are separate to each report. If these documents are reproduced in any way, including saving and printing, it is an infringement of copyright under the Copyright Act 1968(Cth) (the Act). By downloading this information, you acknowledge and agree that you will be bound by the provisions of the Act and will not reproduce these documents without the express written permission of the copyright owner.
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ABN 55 289 434 618
Planning & Development Solutions Pty Ltd I Town Planning Specialists l Planning Private Certifiers
e: [email protected] I ph.: 0499933311 I w: www.adelaideplanning.com.au
03/10/2019
Steven Tilbrook
Manager Development Services (acting)
City of Onkaparinga Council
By email: [email protected]
Dear Steven,
Response to representation for development application 145/8118/2017 at Allot 1 Sec 801 DP 14878 &
Allot 5 DP 17213 Grants Gully Road, CLARENDON SA 5157 for a Land Division (2 into 3) creating one
additional allotment (non-complying)
1.0 Introduction
Adelaide Planning and Development Solutions (APDS) have been engaged by the applicant Supple
Winery Trust C/- Jeanes Sommerville Pty Ltd to provide a response to the single representation received
following the public notification.
In preparing this response, I confirm that I have visited the subject land and locality, had regard to the
representations and the Onkaparinga Council Development Plan Consolidated 21 April 2016.
This response should be considered in addition to statement of effect and the information which was
provided as part of the application documentation which considers the majority of the matters raised
by the representor.
The following response will address the reasons raised in the representation below.
For the reasons I will detail below, I am of the view that the proposal in its current form results in a
development which warrants Development Plan Consent.
2.0 Representation
One representation was received during the public notification period who wishes to be heard.
The representor have requested that their details not be provided however have advised they own a
Local Heritage listed property in Clarendon.
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3.0 Consideration of representation
Having reviewed the representation, the concerns raised in the representation specifically relate to:
• Concern the proposed land division will impact on the value of the visual amenity and heritage
landscape of the towns setting.
• Will result in the decrease of a portion of land within the Precinct 23 (landscape Environs) and
removal of vineyard.
• Belief that the proposal is rezoning the land for residential development.
• Future development of the site for residential will impact on the State Heritage significance of the
Clarendon Winery Complex and the former Clarendon Methodist Church.
• Impact on the State Government State Policy relating to Heritage Tourism for Clarendon
We respond accordingly:
Concern the proposed land division will impact on the value of the visual amenity and heritage
landscape of the towns setting
The proposal will not result in any physical change to the appearance of the land (with the exception
of a future driveway to the north eastern corner of the site which will be designed to follow the natural
contours of the land) and will maintain the rural landscape that forms the visual setting and backdrop
for the town of Clarendon as envisaged by the Policy Area provisions.
The majority of the allotment is contained within the Township Zone Precinct 24 Living Policy Area which
allows for residential dwellings and is in keeping with the intent of the desired character statement of
the Township Precinct 24 envisages an allotment pattern and siting of dwellings and outbuildings on
large to very large allotments and have a spacious and highly landscaped appearance which the
proposal achieves.
The proposed allotment will have an area of 2627 square metres and provides sufficient size for the
development of the site for a future dwelling which has access to Luke Street and provides sufficient
area for a waste system in accordance with preliminary comments from Council administration. The
proposed allotment will result in an allotment pattern which reflects the mix of allotment sizes within the
immediate locality with access from Luke Street.
Any future development of the site for residential purposes will adopt a form, height, scale and
appearance that reflect the simple historic character of the precinct with appropriate setbacks of
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Planning & Development Solutions Pty Ltd I Town Planning Specialists l Planning Private Certifiers
e: [email protected] I ph.: 0499933311 I w: www.adelaideplanning.com.au
buildings from street frontages and spaces around buildings maintaining the low density highly
landscaped appearance of the area in accordance with the intent of the precinct.
As per the photos below, the portion of the site associated with the land division is not visible from the
main street (from numerous locations) or highly visible within the subject land due to the natural
topography of the subject land and existing buildings. We contend the proposed land division will not
impact on the character of the locality as suggested by the representor.
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e: [email protected] I ph.: 0499933311 I w: www.adelaideplanning.com.au
Figures 1 – 7 views of the subject land from surrounding locality.
1. View from main street, 2. View of existing access point from Luke Street, 3. View from Luke street to
the north west looking back to the site (not visible), 4. View from main street, 5 View of site from
entrance to Clarendon Winery, 6 View from the front of the subject land, 7 View from main street west
of Luke Street.
Will result in the decrease of a portion of land within the Precinct 23 (landscape Environs) and removal
of vineyard.
The rear portion of the site within the Township Zone Precinct 23 Landscape Environs currently contains
the vineyards \which will maintain the rural landscape that forms the visual setting and backdrop for
the town of Clarendon and will preserve the amenity and landscaped for the enjoyment of residents
and visitors. A small portion of allotment 5 will be divided to allow for access to the new allotment to
Luke Street (as shown in the image below) however this will not be developed on given the existing
right of way from Luke Street which extends along the north eastern boundary allowing a right of way
for access to the allotment to the east.
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Extent of division of land within the Township Zone Precinct 23 Landscape Environs (Green)
Whilst from a technical point of view, the proposal is creating an additional allotment which is
contained within the Township Zone Precinct 23 Landscape Environs which is non complying, the
proposal will only result in the actual development of land within the Township Zone Precinct 24 Living
Policy Area which is zoned for residential purposes. The portion of the new allotment within the Township
Zone Precinct 23 Landscape Environs provides access from the new allotment to Luke Street through
the proposed free and unrestricted right of way.
The portion of the boundary realignment which encroaches into the Precinct 23 Landscape Environs
reflects the current on the ground situation reflecting the two uses of the allotments – one for the
vineyards and the other for the Old Clarendon inn which provides a function centre and motel on the
front portion of the site. The current existing allotment boundary runs through the rear of the main
function room building and motel building as shown in the image below.
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The proposal will remove the vines from the proposed allotment within the Township Zone Precinct 24
Living Policy Area; however, the remainder of the site will still maintain the vines on the allotment which
will continue to maintain the rural character of the locality. The vines in the north western section of the
allotment within the Township Zone Precinct 24 Living Policy Area are not highly visible when viewed
from the main street or surrounding properties due to existing vegetation to the periphery of the subject
land and adjoining properties.
Any future development of the site for residential purposes will adopt a form, height, scale and
appearance that reflect the simple historic character of the precinct with appropriate setbacks of
buildings from street frontages and spaces around buildings maintaining the low density highly
landscaped appearance of the area in accordance with the intent of the precinct. This is in keeping
with other recent residential development along Luke Street.
The proposed allotment will not remove any vineyards which are contained within the Precinct 23
Landscape Environs maintaining the existing access and will only remove vines on the portion of the
land within the Township Zone Precinct 24 Living Policy Area which is zoned for residential purposes.
Belief that the proposal is rezoning the land for residential development.
The proposal does not seek rezoning of the land for residential development but is seeking to use the
portion of the land which is contained within the Township Zone Precinct 24 Living Policy Area for
residential purposes in keeping with the relevant precinct provisions which encourage residential
development. As aforementioned, the portion of land within the portion of the new allotment within the
Township Zone Precinct 23 Landscape Environs maintains the existing free and unrestricted right of way
and will provide access from the new allotment to Luke Street.
Future development of the site for residential will impact on the State Heritage significance of the
Clarendon Winery Complex and the former Clarendon Methodist Church.
The proposed area of the land division is set away from all buildings on the subject land in the north
western corner of the allotment and is not highly visible when viewed from the heritage listed
components of the Clarendon Winery Complex. Given the large areas of land surrounding the existing
structures on the subject land, we contend that the proposal will not impact on and will maintain the
historical setting of the existing heritage listed buildings on the land.
In relation to the Dwelling (former Clarendon Wesleyan Methodist Church) to the north of the subject
land, the proposed land division will not encroach on the proposed setting of the adjoining State
Heritage Building. Any future development of the site for residential purposes will adopt a form, height,
scale and appearance that reflect the simple historic character of the precinct with appropriate
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e: [email protected] I ph.: 0499933311 I w: www.adelaideplanning.com.au
setbacks of buildings from street frontages and spaces around buildings maintaining the low density
highly landscaped appearance of the area in accordance with the intent of the precinct. This will be
assessed, and should it be required, referred to the State Heritage Branch for formal consideration.
Impact on the State Government State Policy relating to Heritage Tourism for Clarendon
The assessment of the proposal is based on the relevant provisions of the Development Plan which
have been written to ensure that the relevant State Government State Policies relating to Heritage
Tourism for Clarendon are maintained and enhanced. As aforementioned, the majority of the
proposed land division is contained within the Township Zone Precinct 24 Living Policy Area which is
zoned for residential purposes. As aforementioned, the portion of land within the portion of the new
allotment within the Township Zone Precinct 23 Landscape Environs maintains the existing free and
unrestricted right of way provides access from the new allotment to Luke Street.
It is considered that the proposal satisfies the intent of the relevant provisions of the Clarendon Policy
Area 57 of the Township Zone of the Development Plan and by doing so suitably considers the State
Government State Policy relating to Heritage Tourism for Clarendon
4.0 Conclusion
The application seeks a Torrens title land division (145/D045/2017) which will to divide two allotments
into three and will also result in internal boundary realignments between Allotments 1 in and 5.
The proposal seeks to create an additional allotment which is contained within the Living Policy area
and Landscape Environs Precinct in the north western corner of the site which will result in an additional
residential allotment to add to the increased mix in the range of allotments for a future dwelling to
cater for changing demographics in keeping with other dwellings along Luke Street.
Whilst from a technical point of view, the proposal is creating an additional allotment which is
contained within the Township Zone Precinct 23 Landscape Environs which is non-complying, the
proposal will only result in the actual development of land within the Township Zone Precinct 24 Living
Policy Area for residential purposes. The portion of the new allotment within the Township Zone Precinct
23 Landscape Environs provides access from the new allotment to Luke Street through the proposed
free and unrestricted right of way.
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e: [email protected] I ph.: 0499933311 I w: www.adelaideplanning.com.au
The portion of the boundary realignment which encroaches into the Precinct 23 Landscape Environs
reflects the current on the ground situation reflecting the two uses of the allotments – one for the
vineyards and the other for the Old Clarendon inn which provides a function centre and motel on the
front portion of the site. The current existing allotment boundary runs through the rear of the main
function room building and motel building. The proposal will maintain the existing use of the site as a
small scale tourist facility / business in the form of the Old Clarendon inn which provides a function
centre and motel on the front portion of the site and further vines on the remainder of the site retaining
the main road streetscape and scenic rural setting of the township at the rear of the site.
The proposed land division in this instance provides an additional allotment with a size and shape which
is suitable for its intended residential / rural living land use. The proposed allotment has access to an
existing road, will not result in excessive cut and or fill and will be connected to the existing
infrastructure that services the subject land. The proposal will have an acceptable impact on the
amenity of the adjoining residential properties and other land uses. The proposal will result in a
development which is compatible with surrounding residential land uses and will not adversely impact
future development of the locality and/or detrimentally impact upon any surrounding development
The proposed allotment will have an orientation, size and configuration which will result in the future
residential development which will not require significant earthworks or retaining walls; will not require
the removal of native vegetation; and will not overshadow, dominate, encroach on or otherwise
detrimentally affect the setting of the surrounding locality The proposal does not prejudice the zone for
its intended purpose as outlined in the above assessment against the relevant Zone provisions and is
consistent with the existing use of the site within the Town Zone. The proposal will result in a reasonably
sized allotment for the future residential redevelopment of the site.
After careful consideration of the proposed development and having regard to the relevant provisions
of the Development Plan, it is my opinion, considered that the proposal satisfies the intent of the
Objectives and Principles of Development Control as they relate to the Township Zone and the Living
Precinct 24, Landscape Environs Precinct 23 and Mixed Use Precinct 25 of the Clarendon Policy Area
57, the general provisions of the Onkaparinga Council Development Plan Consolidated 21 April 2016
and the unique circumstances of the subject land and locality.
For all the above reasons, notwithstanding its non-complying status, and having regard to the above
assessment, the proposal is considered to demonstrate sound performance against the pertinent
Development Plan standards. Accordingly, Development Plan Consent is warranted
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ABN 55 289 434 618
Planning & Development Solutions Pty Ltd I Town Planning Specialists l Planning Private Certifiers
e: [email protected] I ph.: 0499933311 I w: www.adelaideplanning.com.au
Please confirm when this proposal will be considered by the Council Assessment Panel and the date
and time of the meeting. A representative shall attend at this meeting in support of the proposal.
Should you have any queries or require any further information or clarification with any components of
this response, please do not hesitate to contact by contacting me by email at
Yours Sincerely,
Mark Kwiatkowski MPIA CPP
Principal Urban Planner
Adelaide Planning & Development Solutions - Town Planning Specialists |Planning Private Certifiers
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