Agenda of Development Assessment Panel - 15
Transcription
Agenda of Development Assessment Panel - 15
FOR DEVELOPMENT ASSESSMENT PANEL MEETING TO BE HELD ON 15 DECEMBER 2015 AT 6:00 PM IN THE COUNCIL CHAMBER, 12 JAMES STREET, SALISBURY MEMBERS Mr D Wallace (Presiding Member) Mr R Bateup Mr C Buchanan Ms L Caruso Ms S Johnston Mr J Watson Mr S White REQUIRED STAFF General Manager City Development, Mr T Sutcliffe Development Services Manager, Mr A Taylor Team Leader – Planning, Mr A Curtis Principal Planner, Mr G Pantelos Development Officer – Planning, Ms K Brown Consultant, Ben Green & Associates, Mr B Green APOLOGIES PRESENTATION OF MINUTES Presentation of the Minutes of the Development Assessment Panel Meeting held on 27 October 2015. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 1 Agenda - Development Assessment Panel Meeting - 15 December 2015 AGENDA Agenda - Development Assessment Panel Meeting - 15 December 2015 REPORTS Development Applications 5.1.1 361/2343/2014/3X ................................................................................................. 17 Construction of Brick Wall (To Be Constructed on Portion of Eastern Boundary) at 10 David Road, Para Vista for B Sratford 5.1.2 361/1078/2015/3B ............................................................................................... 123 Partially Enclosed Loading Bays and Canopies, Office Relocation and Car Parking at 5, 9-11 Playford Crescent, Salisbury North for SA Structural Pty Ltd 5.1.3 361/1550/2015/NB .............................................................................................. 227 Shop, Vehicle Store and Men’s Shed in Association with an Existing Warehouse and Office (Non-Complying) at 83 Research Road, Pooraka for The Salvation Army SA Property Trust Inc. OTHER BUSINESS OB1 Status of Current Appeal Matters and Deferred Items 361/935/2015/3B ............................................... DAP Decision Date 21 July 2015 Farmers Market Independent of Existing Old Spot Hotel at 1955 Main North Road, Salisbury Heights for Mark Aldridge t/a Farm Direct Community Markets Set for Hearing on Tuesday 8th December 2015. OB2 Policy Issues Arising from Consideration of Development Applications OB3 Development Assessment Panel Workshop – to be confirmed CLOSE Please note: Council is committed to openness and transparency in its decision making processes. However, some documents contained within attachments to the Development Assessment Panel agenda items are subject to copyright laws. Due to copyright restrictions the files are only available for viewing. Printing is not possible. If these documents are reproduced in any way, including saving and printing, it is an infringement of copyright. By downloading this information, you acknowledge and agree that you will be bound by provisions of the Copyright Act 1968 (Cth) and will not reproduce these documents without the express written permission of the copyright owner. Page 2 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 27 OCTOBER 2015 MEMBERS PRESENT Mr D Wallace (Presiding Member) Mr R Bateup (6.03pm) Mr C Buchanan Ms L Caruso Ms S Johnston Mr J Watson Mr S White STAFF General Manager City Development, Mr T Sutcliffe Team Leader – Planning, Mr A Curtis Development Officer – Planning, Ms S Gallarello Consultant, Ben Green & Associates, Mr B Green Consultant, Mr B Fewster The meeting commenced at 6.02pm. The Presiding Member welcomed the members, staff and the gallery to the meeting. APOLOGIES Nil PRESENTATION OF MINUTES Mr C Buchanan moved, and the Panel resolved that: The Minutes of the Development Assessment Panel Meeting held on 22 September 2015, be taken and read as confirmed. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 3 Minutes of the Development Assessment Panel Meeting 27/10/2015 MINUTES OF DEVELOPMENT ASSESSMENT PANEL MEETING HELD IN THE COUNCIL CHAMBER, 12 JAMES STREET, SALISBURY ON REPORTS Minutes of the Development Assessment Panel Meeting 27/10/2015 Development Applications 5.1.1 361/1435/2014/2A Construction of Twenty (20) Two-Storey Dwellings at 7-9 Joseph Street, Salisbury for D Condina REPRESENTORS David Balaza, spoke on behalf of Sylvia Taylor resident of 2/8 Bridge Street, Salisbury, against the proposal. Peter Gordon, resident of 7/8 Bridge Street, Salisbury, spoke on behalf of self, Johanna Lucia Marie de Groot, Barbara Goodfellow, Michelle van Pamelen, Veronica Marcon and J Cufone, against the proposal. Jeffrey Uern, resident of 10/8 Bridge Street, Salisbury, spoke on behalf of self, Mr D Banks and Carleen Kendell, against the proposal. Teresa Grasso, resident of 9A Wright Street, Salisbury, spoke on behalf of self, Peter Grasso and Evelina Fiorita, against the proposal. Janet Day, resident of 6/8 Bridge Street, Salisbury, spoke against the proposal. Don Manuel, resident of 11 Wright Street, Salisbury, spoke against the proposal. Lou Fantasia, representing the applicant, spoke in support of the proposal. Mr R Bateup moved, Ms S Johnston seconded that: A. That the proposed development is not considered to be seriously at variance with the Salisbury (City) Development Plan – Consolidated 20 March 2014. B. Pursuant to Section 33 of the Development Act 1993, Development Plan Consent is GRANTED to application number 361/1435/2014/1A to construct Twenty (20) Two-Storey Dwellings in accordance with the plans and details submitted with the application and subject to the following conditions: Page 4 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 1. The proposal shall be developed in accordance with the details and plans numbered 2014/283/01B (dated as received 31 August 2015) 2014/283/03 (dated as received 5 June 2015) 2014/283/02 (dated as received 5 June 2015) 2014/283/4 (dated as received 5 June 2015) 2014/283/05 (dated as received 5 June 2015) 2014/283/06 (dated as received 5 June 2015) 2014/283/07 (dated as received 5 June 2015) 2014/283/08 (dated as received 5 June 2015) 2014/283/09A (dated as received 14 August 2015) 2014/283/10A (dated as received 14 August 2015) 2014/283/11A (dated as received 14 August 2015) 2014/283/12A (dated as received 14 August 2015) 2014/283/13A (dated as received 14 August 2015) 2014/283/14A (dated as received 14 August 2015) 2014/283/15 (dated as received 5 June 2015) 2014/283/16 (dated as received 5 June 2015) 2014/283/17A (dated as received 14 August 2015) 2014/283/18A (dated as received 14 August 2015) 2014/283/19A (dated as received 14 August 2015) 2014/283/20A (dated as received 14 August 2015) 2014/283/21A (dated as received 14 August 2015) 2014/283/22A (dated as received 14 August 2015) Rear Elevation – Dwelling 3, 4, 13-20 (date received 5 June 2015) Minutes of the Development Assessment Panel Meeting 27/10/2015 relating to Development Application Number 361/1435/2014/1A, except where varied by the following conditions of consent. Reason: To ensure the proposal is established in accordance with the plans submitted. 2. An engineered Site Works and Drainage Plan shall be submitted to Council for approval prior to Development Approval being issued. The plan shall detail: - - Reason: Existing ground levels, proposed ground and bench levels, top of kerb and water table levels and the proposed finished floor levels of the dwellings; Vehicle access arrangements, including the location and dimension of proposed vehicle access points and driveway gradients; The location of road and street infrastructure, such as public lighting, street trees and side entry pits; and On-site management and disposal of stormwater runoff from roofs and impervious surfaces. To ensure the land is developed in an orderly manner City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 5 Minutes of the Development Assessment Panel Meeting 27/10/2015 3. Stormwater must be disposed of in such a manner that it does not flow or discharge onto land of adjoining owners, lie against any building or create insanitary conditions. Reason: To provide adequate protection against the possibility of stormwater inundation to neighbouring properties. 4. The proposed landscaping shall be established on the site in accordance with the approved plan (Landscape Plan prepared by New Dimension Design & Drafting dated 31/08/15) prior to occupation of the development and shall must be maintained in good condition at all times. Any such landscaping must be replaced if it dies or becomes seriously diseased. Reason: To maintain and enhance the visual amenity of the locality in which the subject land is situated 5. The measures relating to tree root damage prevention, protective fencing, mechanical damage prevention to trunk and crown, tree cultural practices and general protection outlined in Section 5 of the Tree Report prepared by Project dated 9 December 2014 shall be implemented throughout the construction phase of the development with such measures maintained as required thereafter to protect the health and longevity of the significant tree following the occupation of the development. Reason: To ensure the protection of vegetation. 6. All side and rear upper-storey windows shall comprise of fixed obscure glazing or raised sills to a minimum height of 1.7 metres from the finished floor level of the dwelling. Reason: To minimise the impact on privacy to the residents of adjacent dwellings RESERVED MATTER 7. Details of the proposed management arrangements for the refuse area for the storage of rubbish bins and refuse collection arrangements shall be submitted to and approved by Council prior to Development Plan Consent being granted. Reason: To ensure the land is developed in an orderly manner. CARRIED Page 6 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 361/1325/2013/NB Horticultural Packing Shed (Industry) and Conversion of Granny Flat to Office (Non-Complying Development) in Association with an Existing Horticulture use by Marrone Produce Pty Ltd until 18 June 2017 (Retrospective Application) at 1858 Beadell Street, Burton for Marrone Produce Linda Caruso declared conflict of interest in this item as her father made a representation in relation to the item, and left the meeting at 7.34pm. Mr S White declared an interest in this item and advised the Panel that there may be a perception of bias, as he met with a representor on this item, on site, some 7 months ago in his role as a Councillor, discussing the possible rezoning of the site but not the current development application. Mr White did not consider however that he had a conflict of interest in relation to the assessment of the development application. Mr C Buchanan declared an interest and advised the Panel that there may be a perception of bias, as he met with the representors on this item to discuss the possible rezoning of the site but not the current development application, and was at the Council meeting when the rezoning was discussed in his role as a Councillor. Mr Buchanan did not consider however that he had a conflict of interest in relation to the assessment of the development application. REPRESENTORS Representors heard at the Development Assessment Panel meeting held on 22 September 2015 and noted in the minutes were not given the opportunity to address the Panel at this meeting. The applicant also did not address the meeting. Mr J Watson moved, Ms S Johnston seconded that: A. The proposed development is not considered to be seriously at variance with the Salisbury (City) Development Plan – Consolidated 20 March 2014. B. That Development Application No [361/1325/2013/NB] for horticultural packing shed (industry) and conversion of a granny flat to office (non-complying development) in association with an existing horticultural use by Marrone Produce Pty Ltd until 18 June 2017 (retrospective application) at 18-58 Beadell Street, Burton is GRANTED Development Plan Consent subject to the Concurrence of the Development Assessment Commission and the following reserved matters and conditions: City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 7 Minutes of the Development Assessment Panel Meeting 27/10/2015 5.1.2 Minutes of the Development Assessment Panel Meeting 27/10/2015 Reserved matters: 1. A stormwater management plan, traffic management plan and lighting plan shall be submitted to Council for approval under the following reserved matters: 1.1 A stormwater management plan is to be prepared and submitted to Council for approval prior to Development Plan Consent. Reason: To ensure that stormwater is disposed of in a controlled manner, and ensure the quality of Council’s downstream drainage system is maintained. 1.2 A traffic management plan including provision and construction of allweather car parking and manoeuvring area is to be prepared and submitted to Council for approval prior to Development Plan Consent. Reason: To ensure that the development complies with Standards and Best Engineering Practice. 1.3 A lighting plan is to be prepared and submitted to Council for approval prior to Development Plan Consent. Reason: To ensure that the development complies with RAAF requirements and has minimal impact on adjoining residents. 2. The applicant enter into a Land Management Agreement that includes the essential terms: a. Marrone will cease operating the packing shed and demolish the packing shed building within three months of the land being rezoned to residential. b. If the land has not been rezoned to Residential by 19 June 2017, Marrone will: 1. Cease operating the packing shed unless and until a further development authorisation for the packing shed operations is granted; and 2. On or before 18 September 2017 remove any unauthorised building works form the land. Conditions: 1. The proposal shall be developed in accordance with the details and Council stamped approved plans lodged with the application except where varied by the conditions herein. Reason: To ensure the proposal is established in accordance with the submitted plans. Page 8 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Arrange the site such that truck movements normally occur in a forward in and forward out manoeuvre. It is understood the concrete apron has been designed to enable such a manoeuvre and that signage and line markings can be incorporated to assist drivers; Provide signage to require the truck engine be turned off when in the designate loading area as shown in Appendix A of this report; Provide signage to require loading and unloading to occur in the designated loading area as shown in Appendix A; Install a broadband reversing alarm to the forklifts in accordance with relevant safety requirements; and Ensure operations at the site do not occur outside of existing operational hours and not prior to 7am or after 10pm on any day. Ensure the triangular gap in the southern wall of the rear packing shed is filled in with a solid material which is sealed airtight at all junctions. Construct a barrier to the southern side of the rear refrigeration system such that the barrier blocks direct line of sight to the system when viewed from the south western corner of the packing shed. The barrier can be constructed from sheet steel and should be located within 2m of the system, and sealed airtight at all junctions including the packing shed and the ground. Reason: To limit the effect of nuisance to residents. 3. The approved use operating times shall be limited to: Monday to Friday 7am to 6pm; Saturday 7am to 1pm Reason: To limit the effect of nuisance to residents ensure the proposal is established in accordance with the submitted plans. 4. No materials, goods or containers shall be stored in the designated carparking area or driveways. Reason: To ensure the carparking areas are always available for the purpose they are designed. Further that the site be maintained in a clean and tidy state. 5. All trade waste and other rubbish shall be contained and stored pending removal in covered containers which shall be kept at the rear of the proposed building, in areas screened from public view. Reason: To maintain the amenity of the locality. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 9 Minutes of the Development Assessment Panel Meeting 27/10/2015 2. The following acoustic measures, as stated in the acoustic report prepared by Sonus dated August 2015, shall be implemented within 30 days from the date of development approval: Minutes of the Development Assessment Panel Meeting 27/10/2015 6. All loading and unloading of vehicles and manoeuvring of vehicles in connection with the now approved land use shall be carried out entirely within the subject land. Reason: To ensure that vehicles associated with the land use do not cause disruption of danger to vehicles adjoining public roads. 7. The advertisement and advertising structure shall be maintained in good repair at all times. Reason: To maintain the visual amenity of the locality. 8. Other than those advertisements depicted on the approved plans, no other advertisements or advertising display including portable or A-Frame signs, flags, streamers or bunting, shall be displayed on or about the subject land. Reason: To restrict the proliferation of advertisements on site. 9. The maximum design vehicle permitted to service the development shall not exceed a single unit heavy rigid vehicle of no greater than 12.5 metres in length as per AS2890.2. Reason: To minimise the impact of the development on adjoining residents. 10. The approved stormwater management plan, traffic plan and lighting plan shall be complied with at all times. Reason: To ensure orderly development. Notes: This is not a building consent and a satisfactory application for Provisional Building Rules Consent has to be submitted before Council can issue a Development Approval. CARRIED Meeting adjourned for a break at 8.00pm, resumed at 8.07pm. Linda Caruso re-joined the meeting at 8.07pm. Page 10 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 361/869/2013/3B Construction of Two Entrance Gates (9 Metres High), New Temple (16 Metres High), Retrospective Alterations and Additions to Existing Place of Worship, and Associated Carparking. at 364-386 (Allotments 301 & 302 in DP42298) Salisbury Highway. Parafield Gardens for Khmer Buddhist Association of SA Inc. REPRESENTORS Representors heard at the Development Assessment Panel meeting held on 22 September 2015 and noted in the minutes were not given the opportunity to address the Panel at this meeting. The applicant also did not address the meeting. Mr C Buchanan moved, Ms L Caruso seconded that: A. The proposed development is not considered to be “seriously at variance” with the Salisbury (City) Development Plan – Consolidated 19 April 2012. B. Pursuant to Section 33 of the Development Act 1993, Development Plan Consent is GRANTED to application number 361/869/2013/1B for the construction of two entrance gates (9 metres high), new temple (16 metres high), retrospective alterations and additions to existing place of worship, and associated car parking and landscaping in accordance with the plans and details submitted with the application and subject to the following conditions and reserved matters: Council Conditions 1. The proposal shall be developed in accordance with the details and plans relating to Development Application Number 361/896/2013/1B, except where varied by the following conditions of consent. Reason: 2. To ensure the proposal is established in accordance with the plans submitted. All driveways and car parking areas shall be constructed with brick paving, concrete or bitumen to a standard appropriate for the intended traffic volumes and vehicle types. Individual car parking bays shall be clearly line marked. Driveways and car parking areas shall be established prior to the approved use commencing and maintained at all times to the satisfaction of Council. Reason: To ensure access and car parking is provided on the site in a manner that maintains and enhances the amenity of the locality. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 11 Minutes of the Development Assessment Panel Meeting 27/10/2015 5.1.3 Minutes of the Development Assessment Panel Meeting 27/10/2015 3. The designated landscaping areas shall be planted with shade trees, shrubs and ground covers as appropriate to complement the approved buildings and site layout and achieve a high level of amenity. Shade trees shall be planted throughout the car parking areas and screening shrubs shall be located to obscure views of large blank walls and less attractive elements of the development. All landscaping shall be maintained (including the replacement of diseased or dying plants and the removal of weeds and pest plants) to the reasonable satisfaction of Council. All landscaping is to be completed within 3 months of the approved use commencing. Reason: 4. All loading and unloading of vehicles and manoeuvring of vehicles in connection with the now approved land use shall be carried out entirely within the subject land. Reason: 5. To preserve the amenity of the locality during construction work. Access to buildings and designated car parking spaces shall be designed and constructed in accordance with the provisions as outlined in the 'Guidelines for the Provision of Parking for People with Disabilities in South Australia' (March 1993) and in accordance with AS1428 Parts 1, 2 and 4. Reason: 8. To ensure the car parking areas are always available for the purpose they are designed. Further that the site be maintained in a clean and tidy state. The proponent shall employ measures to eliminate dust emission from the site during construction period so as not to cause nuisance to nearby residents. Reason: 7. To ensure that vehicles associated with the land use does not cause disruption or danger to vehicles on adjoining public roads. No materials, goods or containers shall be stored in the designated car parking area or driveways. Reason: 6. To ensure the subject land is landscaped so as to enhance the visual and environmental amenity of the locality. Comply with DDA requirements. All mechanical services to the building shall be designed, installed and operated in such a manner that any person or persons working within or adjacent to the site should not be subjected to any nuisance or inconvenience from noise or fumes. Reason: To limit the effect of the mechanical services for activities on the subject land within the site, thereby maintaining the amenity of the locality. Page 12 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury All trade waste and other rubbish shall be contained and stored pending removal in covered containers which shall be kept at the rear of the proposed building and screened from public view. Reason: 10. The outdoor storage area as identified on the plans shall be screened from public view to the satisfaction of Council. Details of screening to be submitted with the building plans Reason: 11. To protect the amenity of nearby residential property owners and users. The design of the rear gates must include a 500mm high concrete plinth and two concrete or steel bollards securely and permanently fixed into the ground in front of the proposed gate and contained wholly on the subject land. Reason: 13. To ensure sufficient onsite car parking. The proposed gates to Rhode Island Drive shall have a maximum width of 3.0m and shall be open no more than two days a year for ceremonial purposes only and in association with the existing Place of Worship. The gates shall be closed and locked outside of these days at all times. Reason: 12. To maintain the amenity of the locality. To prevent vehicular from the adjacent residential street onto the subject land. The conditions imposed herein shall be in addition to conditions that apply to the subject property from previous approvals that remain active. Reason: To ensure orderly development. The following DPTI Conditions shall be complied with at all times: 14. The access points shall be located in accordance with GH Medoza Designs Site Plan, sheet 3. Reason: Comply with DPTI requirements. 15. The accesses shall be a minimum of 6.0 metres in width at the property boundary and appropriately flared to the road to facilitate unimpeded ingress/egress and minimise disruption to the free flow of traffic on the arterial road. Reason: Comply with DPTI requirements. 16. The accesses shall provide a minimum of 1.0 metre separation from all roadside infrastructure and street trees. Reason: Comply with DPTI requirements. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 13 Minutes of the Development Assessment Panel Meeting 27/10/2015 9. Minutes of the Development Assessment Panel Meeting 27/10/2015 17. All gates to Salisbury Highway shall remain open during events and normal operating hours and be setback a minimum of 6.0 metres from the front property boundary to enable a vehicle to stand clear of the footpath while the gates are being opened/closed. Reason: Comply with DPTI requirements. 18. All vehicles shall enter and exit the site in a forward direction. Reason: Comply with DPTI requirements. 19. The utilisation of trailer mounted variable message displays for advertising purposes shall not be permitted on or adjacent to the subject land. Reason: Comply with DPTI requirements. 20. Stormwater run-off shall be collected on site and be discharged without jeopardising the integrity and safety of the arterial road. Any alterations to the road drainage infrastructure required to facilitate this development shall be at the applicant’s costs. Reason: Comply with DPTI requirements. Reserved Matters : There are three reserved matters under Section 33(3) of the Development Act 1993. 1. Detailed designs and specifications for all civil engineering works, including stormwater drainage, pavement design, car parking, water quality devices and levels shall be submitted to Council for approval prior to Building Rules Consent being lodged. Such work cannot commence prior to the written approval of Council’s Development Engineering Division. 2. The car parking layout including car park spaces and aisle widths are to be designed and constructed to comply with AS 2890.1 – Off-street Parking, Part 1 and Austroads “Guide to Traffic Engineering Practice Part 11 – Parking”. Adequate onsite car parking in accordance with AS.NZS2890.3:2009 one (1) disabled parking space should also be provided for at this site. Direction pavement arrows and signage is to be provided and that the layout of the car parking area operates at a low speed environment of 10km/h. 3. A detailed landscaping plan shall be provided to the satisfaction of Council detailing the species and location of proposed landscaping, integrated with the general site and parking layout. The details requested shall be submitted to council for approval prior to issue of Development Plan Consent. Page 14 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury OB1 Status of Current Appeal Matters and Deferred Items Development Application 361/935/2015/3B - DAP Decision Date 21 July 2015 Farmers Market Independent of Existing Old Spot Hotel at 1955 Main North Road, Salisbury Heights for Mark Aldridge t/a Farm Direct Community Markets Matter has been listed for a directions hearing on 10 November 2015, following an order from the Court that a Statement of Agreed facts be filed by 3 November 2015. OB2 Policy Issues Arising from Consideration of Development Applications Nil OB3 Development Assessment Panel Workshop Deferred until the November Panel meeting. The meeting closed at 8.19pm. PRESIDING MEMBER……………………………………….. DATE……………………………………………. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 15 Minutes of the Development Assessment Panel Meeting 27/10/2015 OTHER BUSINESS 5.1.1 Item 5.1.1 ITEM DEVELOPMENT ASSESSMENT PANEL DATE 15 December 2015 APPLICATION NO. 361/2343/2014/3X APPLICANT B Stratford PROPOSAL Construction of Brick Wall (To Be Constructed on Portion of Eastern Boundary) LOCATION 10 David Road, Para Vista CERTIFICATE OF TITLE 5150/731 AUTHOR Ben Green, Consultant Planner 1. DEVELOPMENT APPLICATION DETAILS Zone Application Type Public Notification Referrals - Statutory Referrals – Internal Development Plan Version Assessing Officer Recommendation Meeting Date 2. Residential Merit Category 3 Representations received: 4 valid (3 support / 1 opposed) Representations to be heard: 1 Nil Nil Salisbury (City) Development Plan Consolidated 20 March 2014 Ben Green – Planning Consultant Development Plan Consent granted subject to Conditions 15 December 2015 REPORT CONTENTS Assessment Report Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Application, Drawings and Supporting Information Representations Received Applicant's Response Courtyard Photographs Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 City of Salisbury Development Assessment Panel Agenda 15 December 2015 Page 17 ITEM 5.1.1 3. DESCRIPTION OF THE PROPOSED DEVELOPMENT Item 5.1.1 Development Plan Consent is sought for the construction of a brick wall that adjoins an existing brick wall on the boundary between 10 and 12 David Road, Para Vista. The height of the existing boundary wall between the two properties is approximately 4.1 metres. Along the face of the existing wall is a section where the height of the wall has been ‘stepped down’ in height by approximately 1.3 metres for a length of 4.3 metres. It is the intent of the applicant to construct a wall in front of the existing brick wall to increase privacy and reduce noise. The proposed wall is 4.1 metres high and 4.3 metres in length and will continue the height of the existing wall along the common boundary. On the applicant’s side of the brick wall is adjacent to an area of private open space that features an in-ground swimming pool. On the other side of the wall the neighbours have further enclosed their area with a curved roof pergola structure which is used as an area for private open space/entertaining. The enclosed pergola structure is a continuation of the neighbours drive-through carport and adjoins what appears to be a living area of the dwelling. The ‘stepped down’ portion of wall has been enclosed on the neighbours side with perforated polycarbonate sheeting that matches the roof of the pergola structure (the roof is not perforated). For all intents and purposes the pergola structure on the neighbours side is an enclosed structure apart from the roller doors at either end that provide access to the street and to the rear yard of the dwelling. 4. BACKGROUND The applicant is proposing to construct a brick wall in front of the existing brick wall to act as a barrier for noise attenuation and privacy. It is understood and was evident during an inspection of the site that the enclosed space of the adjoining property at 12 David Road generates an audible echo and amplification of noise. The noise source is not considered to be outside of what is generally accepted in a domestic environment yet the enclosed environment happens to create a heightened level of reverberation. The applicant has indicated that the reason for the wall is to subdue this noise and increase privacy. The pergola structure on the adjoining property was lodged in 2002 (DA 361/1849/02) and received Development Approval in August of the same year. There is limited detail on the file relating to the enclosure of the side portion of the wall however it would be debatable whether the enclosure constitutes ‘building work’ and therefore ‘development’ pursuant to the Development Act 1993. Page 18 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 5. Item 5.1.1 ITEM 5.1.1 LOCALITY Aerial View: Source: Dekho LOCALITY The locality is considered to be residential in nature and contains detached dwellings and associated outbuildings on various sized allotments with generous frontages. The locality portrays a conventional residential allotment pattern that provides for ample curtilage around dwellings. Dwellings are typically of the late 1970s / early 1980s with well maintained yards. The locality portrays a pleasant environment in which to live. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 19 Item 5.1.1 ITEM 5.1.1 SITE LOCATION IN RELATION TO THE BROADER LOCALITY Page 20 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Item 5.1.1 ITEM 5.1.1 PUBLIC CONSULTATION 6. CHARACTERISATION AND PUBLIC NOTIFICATION Pursuant to Section 38 and Schedule 9 of the Development Act 1993 and Regulations 2008, and the provisions of the City of Salisbury Development Plan for a Category 3 form of development it was determined that public notification was required. Form of Notification: Valid Representations received Representations received R & V Kotorac of 12 David Road, Para Vista D & S Barnard of 1 Ross Court, Para Vista P Markou of 3 Ross Court, Para Vista G Leonard of 7 David Road, Para Vista City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Letters to adjoining property owners and occupants Advertisement in Advertiser 4 Wish to be Heard √ Page 21 ITEM 5.1.1 Item 5.1.1 Summary of Representations received Representation Visual appearance from neighbouring property. The wall will block open and unobstructed view. Applicant’s Response The wall will not be visible by the neighbour as the gap presently has smoky grey polycarbonate sheets attached which are opaque. The view lost is a view into the applicants yard. The new brick wall will not be visible from their property. Officer’s Comments The proposed wall will be visible from the neighbouring property through the existing polycarbonate sheeting. The sheeting does restrict some overlooking into the adjoining property currently and the wall will block any such potential for overlooking entirely. Loss of natural light. The wall will block out a lot of mid to late afternoon sun from outdoor space. The area is also enclosed with a polycarbonate roof that already provide excellent lighting. There are a number of lights in the enclosed space. The area of wall to be enclosed is about 5m2 which is presently blocked by polycarbonate sheeting so any change to heating would almost be minimal. The roof sheeting would determine the temperature and lighting of the room. The polycarbonate infill does provide the outdoor area with a degree of natural light. Ample filtered natural light will still be achieved through the polycarbonate roof that spans over the whole space. Loss of ventilation. The wall will prevent the outdoor area of neighbours from being ventilated. The outdoor area has 3 roller doors that would allow significant air flow. It is proposed that there is an open air cavity between the proposed wall and the polycarbonate sheeting. The wall will be constructed to allow an open air cavity for ventilation of two brick courses and with the double roller doors on the southern side of the space and a single roller door on the northern side of the space there will continue to be more than sufficient ventilation. Damage to existing footings and walls. The wall has some large cracks and are concerns about any excavation causing more damage. The wall is in excess of 30 years old and appears to be structurally sound and stable. IF the neighbour agreed the existing gap in the brick wall could be bricked up quite easily on the existing footing. The new footing has been The applicant has provided a footings construction report, engineering drawings and structural calculations supporting the design of the proposed strip footing and reinforced brick wall that has been prepared by Cox Consulting Engineers to meet Page 22 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Safety issues. The soil is highly reactive and could be unstable over time NOTE: 7. specified by a highly respected structural engineering company and meets all building requirements. relevant Australian Standards Building Code of Australia. The structural engineer has advised that the brick wall must comply with regulations and provide enough strength to withstand cyclonic conditions and is designed not to fall down in strong winds. Refer to comment above. Representations received and the Applicant’s response are provided as attachments. Please note Officer’s consideration of representations and Applicant’s response are included in assessment of the proposal. ASSESSMENT Seriously at Variance Pursuant to Section 35(2) of the Development Act 1993 it is recommended that the Panel determine that the proposal is not “seriously at variance” with the Salisbury (City) Development Plan – Consolidated 20 March 2014. The following reasons are proffered to support this recommendation: The proposed wall is adjacent a longer boundary wall of similar bulk and scale on the neighbours property. The proposed wall will increase the amenity enjoyed by the applicant and reduce unnecessary impacts from noise reverberation. Ample access to sunlight and ventilation will be maintained to the adjoining dwelling and private open space areas as a result of the development. If it can be demonstrated that the proposed development has minimal or no unreasonable external impacts, then consent could reasonably be expected. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 23 Item 5.1.1 ITEM 5.1.1 Item 5.1.1 ITEM 5.1.1 Assessment against Development Plan Objectives and Principles Primary Development Objectives and Principles of Development Control (PDC) Development Plan Reference Zoning & Land Use Assessment 1. The existing residential land uses are not affected by the proposed development. 2. The Development Plan supports residential development that reflects a variety of buildings styles that are designed to harmonise with existing built form in terms of mass, scale, colours and textures of materials. 3. The proposed ancillary residential development to the existing detached dwelling is of comparable mass, scale and siting to the existing boundary wall of the neighbour. 1. The existing brick wall is a dominating structure when viewed from the subject land. In this context the proposed structure is considered to be acceptable even though it has a height in excess of four metres and is sited adjacent an internal allotment boundary. 2. The proposed development provides increased privacy for the private open space of the subject land. The ground level on the adjoining allotment is higher than the subject land and the existing scenario could give rise to some loss of privacy but not to an extent that is considered unreasonable. It is understood that the primary intent of the proposed development is to assist with domestic related noise attenuation, which is impacting on the applicant’s amenity. This is considered to be a valid justification for wanting to enclose the “gap” in the wall. 3. The private open space of the adjoining dwelling is not considered to be detrimentally affected to a significant degree by the enclosure of the wall. It is conceded that the neighbour will lose access to some natural light into the space, however given that the remainder of the structure is covered in a translucent polycarbonate sheeting material, access to natural light is not considered to be completely restricted. Residential Zone Provisions Objective(s) 3, 6 PDC 1, 2 Appearance of Land and Buildings (Amenity) General Section: Residential Development Objective(s) 1 PDC 1, 21, 22, 29, 30, 35 Page 24 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Materials, Colours & Finishes 4. The enclosed outdoor area impacted by the wall is not the only private open space available to the dwelling. The dwelling has access to a substantial rear yard and adequate private open space. It is arguable that the area affected is a secondary area of private open space. 5. The covered area is essentially a drive through carport and entertaining area with direct access from the dwelling. Roller doors are evident at either end of the area which when open will provide for ample crossflow ventilation. 6. The design of the proposed wall has also allowed for some ventilation in the form of a two brick gap so that the entire covered area of the adjoining allotment is not completely sealed. As the materiality of the wall will mainly be viewed from the subject land, it is anticipated that the proposed brick will either match or complement the existing wall in terms of size and colour. A suggested condition of approval has been included in the recommendation to ensure the proposed wall complements the existing. 1. General Section: Design and Appearance Objective(s) 1 PDC 1, 2, 3, 4, 5, 2. The Development Plan indicates that where a building is sited on or in close proximity to a side boundary that the boundary wall should be sited and limited in length and height to minimize: (a) the visual impact of the building as viewed from adjoining properties (b) overshadowing of adjoining properties and allow adequate sunlight to neighbouring buildings. 3. There will be a visual impact to the adjoining property owner however given the degree of enclosure it is opined that the wall will have more of a visual impact on the subject land than the adjoining allotment given the sheer size and dominance of a large expanse of masonry wall. 4. Loss of some light will occur however the existing roof structure will maintain adequate levels of natural light to the dwelling and private open space of the neighbour. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 25 Item 5.1.1 ITEM 5.1.1 ITEM 5.1.1 Item 5.1.1 Private Open Space 1. Private open space is an important requirement for all residential development. The proposed brick wall will improve privacy for the subject land in terms of creating a visual barrier from neighbouring land but also reducing the impact of noise from adjoining land. 2. Both dwellings will continue to retain existing satisfactory levels of private open space in line with the requirements of the Development Plan. 1. Whilst the land uses on the subject land and the adjoining allotment are both residential in nature and therefore compatible, the Development Plan encourages development to be sited, designed and constructed to minimise negative impacts of noise and avoid unreasonable interference between uses. 2. The noise generated within the outdoor area of the adjoining dwelling is understood to be domestic in nature yet is highly audible given the nature of the built form constructed on that property. It is not unreasonable that the applicant seeks to minimise the impact of noise on their own property and the proposed development is considered to satisfactory achieve this. 1. The Development Plan encourages the design and location of buildings to ensure that direct winter sunlight is available to adjacent dwellings with particular consideration given to: (a) windows of habitable rooms, particularly living areas (b) ground-level private open space (c) upper-level private balconies that provide the primary open space for any dwelling (d) access to solar energy. 2. As detailed in the above assessment, there will be some loss of sunlight, however this is not considered to be unreasonable given the nature of the existing roof structure which will continue to allow light penetration that satisfies the relevant provisions of the Development Plan. 3. As detailed elsewhere in this assessment the covered outdoor area of the adjoining dwelling is not the only area of private open space available for the dwelling as there is large back yard to the rear of the dwelling. General Section: Residential Development PDC 21, 22, 24, 25 Acoustic Privacy General Section: Interface between Land Uses Objective(s) 1, 2 PDC 6, 7 Zone Provisions PDC 35 Solar Access General Section: Residential Development PDC 10, 11, 12 Page 26 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 4. 8. The Development Plan also seeks to ensure ample direct sunlight during the winter solstice. Given the translucent nature of the roof sheet, ample sunlight will continue to be achieved. CONCLUSION An assessment against the relevant Development Plan provisions indicates that the proposal is generally in accordance with the relevant General Section and Residential Zone provisions. The development is generally consistent with the relevant provisions with regards to siting, design, acoustic privacy, private open space and solar access. The Development Plan encourages development that is sympathetic to the scale of development in the locality and with the context of its setting with regard to bulk, scale, materials and colours. Given the characteristics of the site and the existing boundary wall the proposed development is considered to be reasonable as the overall size of the proposed development is not considered excessive and the wall will not impact on the adjoining land to a significant degree. Further to the above, the proposed development generally conforms with the intent of the Development Plan and on balance is worthy of consent. 9. STAFF RECOMMENDATION That the Development Assessment Panel resolve that: A. The proposed development is not considered to be seriously at variance with the Salisbury (City) Development Plan – Consolidated 20 March 2014. B. Pursuant to Section 33 of the Development Act 1993, Development Plan Consent is GRANTED to application number 361/2343/2014/3X for Construction of Brick Wall (To Be Constructed on Portion of Eastern Boundary) in accordance with the plans and details submitted with the application and subject to the following conditions: 1. The proposal shall be developed in accordance with the documentation and Council stamped approved plans, except where varied by the conditions herein. 2. The selection of brick for the wall shall match and/or complement the existing brick wall. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 27 Item 5.1.1 ITEM 5.1.1 Item 5.1.1 ITEM 5.1.1 CO-ORDINATION Officer: Date: GMCiD 02.12.15 ATTACHMENTS This document should be read in conjunction with the following attachments: 1. Application, Drawings and Supporting Information 2. Representations Received 3. Applicant's Response 4. Courtyard Photographs 5. Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Page 28 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Application, Drawings and Supporting Information Item 5.1.1 - Attachment 1 - Application, Drawings and Supporting Information 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 29 Application, Drawings and Supporting Information Item 5.1.1 - Attachment 1 - Application, Drawings and Supporting Information 5.1.1 Page 30 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Application, Drawings and Supporting Information Item 5.1.1 - Attachment 1 - Application, Drawings and Supporting Information 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 31 Application, Drawings and Supporting Information Item 5.1.1 - Attachment 1 - Application, Drawings and Supporting Information 5.1.1 Page 32 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Application, Drawings and Supporting Information Item 5.1.1 - 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Attachment 1 - Application, Drawings and Supporting Information 5.1.1 Page 78 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 79 Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 Page 80 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 81 Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 Page 82 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 83 Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 Page 84 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 85 Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 Page 86 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 87 Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 Page 88 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received Item 5.1.1 - Attachment 2 - Representations Received 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 89 Applicant's Response Item 5.1.1 - Attachment 3 - Applicant's Response 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 91 Applicant's Response Item 5.1.1 - Attachment 3 - Applicant's Response 5.1.1 Page 92 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Applicant's Response Item 5.1.1 - Attachment 3 - Applicant's Response 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 93 Applicant's Response Item 5.1.1 - Attachment 3 - Applicant's Response 5.1.1 Page 94 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Applicant's Response Item 5.1.1 - Attachment 3 - Applicant's Response 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 95 Courtyard Photographs Item 5.1.1 - Attachment 4 - Courtyard Photographs 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 97 Courtyard Photographs Item 5.1.1 - Attachment 4 - Courtyard Photographs 5.1.1 Page 98 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Courtyard Photographs Item 5.1.1 - Attachment 4 - Courtyard Photographs 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 99 Courtyard Photographs Item 5.1.1 - Attachment 4 - Courtyard Photographs 5.1.1 Page 100 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 101 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 102 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 103 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 104 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 105 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 106 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 107 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 108 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 109 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 110 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 111 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 112 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 113 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 114 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 115 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 116 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 117 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 118 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 119 Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 Page 120 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 Item 5.1.1 - Attachment 5 - Relevant Sections of the Development Plan City of Salisbury Consolidated 20 March 2014 5.1.1 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 121 5.1.2 Item 5.1.2 ITEM DEVELOPMENT ASSESSMENT PANEL DATE 15 December 2015 APPLICATION NO. 361/1078/2015/3B APPLICANT SA Structural Pty Ltd PROPOSAL Partially Enclosed Loading Bays and Canopies, Office Relocation and Car Parking LOCATION 5, 9-11 Playford Crescent, Salisbury North CERTIFICATE OF TITLE 5900/539 and 5857/16 AUTHOR Ben Green, Consultant Planner 1. DEVELOPMENT APPLICATION DETAILS Zone/Policy Area Application Type Public Notification Referrals - Statutory Referrals – Internal Development Plan Version Assessing Officer Recommendation Meeting Date 2. Industry Merit Category 2 Representations received: 2 (1 in support / 1 opposed) Representations to be heard: 1 Nil Nil Salisbury (City) Development Plan Consolidated 18 December 2014 Ben Green, Planning Consultant Approval with Conditions 15 December 2015 REPORT CONTENTS Assessment Report Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Application, Drawings and Supporting Information Internal Referral Responses Representations Received - Category 2 Applicant's Response to Representations Environmental Noise Assessment Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 City of Salisbury Development Assessment Panel Agenda 15 December 2015 Page 123 ITEM 5.1.2 Item 5.1.2 3. DESCRIPTION OF THE PROPOSED DEVELOPMENT Development Plan Consent is sought for the construction of a partially enclosed loading bay with canopy, light weight acoustic wall and car parking in association with an existing industry in Playford Crescent, Salisbury North. The applicant is SA Structural, a significant employer in the Northern Suburbs and contributor to the structural steel manufacturing supply chain in South Australia and major projects throughout Australia. SA Structural process and fabricate structural steel in its main premises on the subject land which spans across the properties of 7 and 9-11 Playford Crescent, Salisbury North. Recently SA Structural was successful in obtaining a grant to assist in purchasing more advanced processing equipment to streamline operations. The new machines and equipment are proposed to be housed within the existing workshop with current loading and unloading activities to remain unchanged other than a (low height) materials handling conveyor and cross-transport system which feeds material in and out of the workshop in an efficient manner. The partially enclosed loading bay and canopy proposed is similar to a lean-to type structure on the southern side of the existing workshop located at 9-11 Playford Crescent. The canopy will cover an area of approximately 672m2 and has a height to its eaves of 5.5 metres. A three degree roof pitch is proposed with the highest portion of the canopy being approximately 6.5 metres at the point where it adjoins the main workshop. The walls of the partly enclosed portion of the canopy are painted precast concrete panels. There is a colorbond roof that covers the entire area. It is also proposed to replace the gravel surface of the area around this side of the building with hardstand concrete. Unloading of material will occur on the northern side of the existing workshop in an open-air environment. This area of the allotment contains a large SA Water easement that contains a water main. The easement is not proposed to be built upon except for a 4 metre high painted light weight acoustic wall that is proposed along the western boundary in the vicinity of the unloading area for a length of 21.6 metres that returns along the northern boundary for a length of 9.1 metres. The light weight acoustic wall is proposed to minimise potential noise impacts on other land uses in the locality. Small roller shutters are also to be positioned at the infeed and outfeed locations of the conveyor (on either side of the building) to mitigate noise transmission emanating from the workshop. A number of on-site car parks will be removed from the northern side of the workshop to allow for a more efficient use of the unloading area however it is proposed to offset this loss of car parking with the formation of 31 off-street car parks on an a separate allotment at number 5 Playford Crescent. This land forms part of the subject land for the purposes of this application. Page 124 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Landscape plantings are evident around the perimeter of the main workshop and it is the intent of the applicant to retain this and maintain the landscaping at an increased height than at present. 4. BACKGROUND The following details provide a history of approvals on the subject land: 9-11 Playford Crescent, Salisbury North 361/2280/2002/LD, Land Division 361/1607/2004/3B, Industry (steel fabrication) with associated offices, car parking and landscaping 361/1746/2006/1B, Second storey office addition to existing industry 361/2727/2009/1B, Storage yard (For structural steel and three shipping containers) associated with existing industry (steel fabrication) and offices 361/320/2010/1B, Extension of operating hours o The approved operating hours are: Monday to Friday 7am to 6pm Saturday 7am to 6pm No work or activity to occur on Sundays or Public Holidays 5 Playford Crescent, Salisbury North 361/1967/2012/2B, Change in use to outdoor storage yard and coating booth in association with General Industry (steel fabrication) for temporary period until July 2013 361/1661/2014/2B Storage yard in association with General Industry (steel fabrication) From the above it is evident that there is an extensive history of these allotments being used in conjunction with one another for some time. This application does not seek to change the use of the land or any of the associated operating conditions such as the hours of operation. This application is simply for the built form components as described above and the establishment of car parking on the adjacent site to offset the amount removed. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 125 Item 5.1.2 ITEM 5.1.2 Item 5.1.2 ITEM 5.1.2 5. LOCALITY Context Map: Source: Dekho Page 126 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury ITEM 5.1.2 Item 5.1.2 Locality Outline: Source: nearmap.com Playford Crescent is characterised by a mixture of medium to large size warehouse and general industry land uses. The subject land is unique in that it has a main frontage to Playford Crescent and adjoins Commercial Road to the east, Basgter Road to the north and the railway to the west. Commercial Road is a major collector road that is identified by DPTI as a potential arterial road which serves the surrounding industrial and residential areas. Penfield Golf Club is located on the north-eastern side of Commercial Road whilst land on the western side of the railway is located within the Residential Zone. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 127 ITEM 5.1.2 Item 5.1.2 Site Photographs Photo 1: Veiw of the driveway to the loading bay ( location of proposed canopy) – east side of workshop Photo 2 : Existing transportable offices to remain Page 128 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Photo 3 : View of the unloading area west side of the existing workshop and location of the proposed acoustic walls. Photo 4: Existing carpark located at 5 Playford Crescent to be expanded to accommodate 31 onsite spaces City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 129 Item 5.1.2 ITEM 5.1.2 Item 5.1.2 ITEM 5.1.2 Photo 5: View of the loading bay east side of the workshop and proposed canopy and boundary wall location from the southeast on Langford Road Photo 6: View of the loading bay east side of the workshop and proposed canopy and boundary wall location from the south on Langford Road Page 130 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Photo 7: 8. View of the unloading bay west side of the workshop and location of the proposed acoustic boundary location from the southwest on Bagster Road, Commercial Road intersection CHARACTERISATION AND PUBLIC NOTIFICATION The subject land is situated within the Industry Zone as shown on Map Sal/25 pursuant to the Salisbury Council Development Plan Consolidated 18 December 2014. The existing approved use of the land is for a general industry. The proposed development seeks to continue the existing use of the land however proposes additional built form to allow for a more efficient use of the land. General industry is neither listed as being a complying or non-complying form of development in the subject Industry Zone in this location and therefore the application is to be assessed as a ‘consent on-merit’ form of development. Pursuant to Section 38 of the Development Act 1993 and Schedule 9 Part 2 18(c) (Clause 6 (g)) of the Development Regulations 2008 the proposed development was considered to be a Category 2 form of development for the purposes of public notification. As such letters were sent to adjoining property owners advising them of the application and of their right to make a representation in relation to the proposed development. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 131 Item 5.1.2 ITEM 5.1.2 Item 5.1.2 ITEM 5.1.2 Notification Map: Legend Subject Site Notified Property Supported Proposal Opposed Proposal Form of Notification: Letters to adjoining property owners and occupants Valid Representations received Representations received T Dew of 18 Langford Terrace, Salisbury North C Chew of 7 Playford Terrace, Salisbury North 2 Wish to be Heard Page 132 Development Assessment Panel Agenda - 15 December 2015 √ City of Salisbury Item 5.1.2 ITEM 5.1.2 Summary of Representations received Representation Oppose development on the site as any change will increase noise that is already high level noise. Applicant’s Response The applicant did not provide a formal written response to the representations apart from providing further amended plans and an Acoustic Report. Concerned that the existing land use is a warehouse and shouldn’t be used as a workshop. Any further enclosed areas will be another area to work in all weather and the accompanying noise. Concerned with the zoning of the area Additional parking in lot 5 is needed to reduce off-street (on street?) parking requirements on Playford Crescent NOTE: Officer’s Comments The applicant engaged Sonus Pty Ltd to prepare an Environment Noise Assessment in relation to the proposed extension which forms an attachment to this report and is discussed in further detail in the assessment below. The approved land use is for general industry and the proposed development does not seek to amend the use. The proposed canopy will assist to enhance the operations on site yet the partially enclosed sections and the acoustic wall will result in a better outcome by reducing potential noise impacts associated with the activities on site. Subject land is located within the Industry Zone pursuant to Map Sal/25 of the Development Plan. The proposed development incorporates 31 car parks on 5 Playford Crescent to offset the amount removed in lieu of the unloading area north of the existing workshop on 9-11 Playford Crescent. Representations received and the Applicant’s response are provided as attachments. Please note Officer’s consideration of representations and Applicant’s response are included in assessment of the proposal. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 133 ITEM 5.1.2 Item 5.1.2 9. ASSESSMENT Seriously at Variance Pursuant to Section 35(2) of the Development Act 1993 it is recommended that the Panel determine that the proposal is not seriously at variance with the Salisbury (City) Development Plan – Consolidated 18 December 2014. The following reasons are proffered to support this recommendation: The proposed development supports the continuation of the existing lawful use on the subject land and allows for this to occur in a more efficient manner. The land use is an envisaged form of development within the zone. The facility will not generate unreasonable nuisance or noise that will unduly impact other uses within the locality. The noise from the additional noise sources is below the goal level of the Environment Protection (Noise) Policy 2007. If it can be demonstrated that the proposed development has minimal or no unreasonable external impacts, then consent could reasonably be expected. It is considered that the proposed development is not ‘seriously at variance’ with the City of Salisbury Development Plan. Assessment against Development Plan Objectives and Principles Primary Development Objectives and Principles of Development Control (PDC) Development Plan Reference Zoning & Land Use Assessment 1. The subject land is situated within the Industry Zone of the Salisbury Council Development Plan. Industry Zone Objective(s) 1, 2, 3 PDC 1, 2, 3 General Section: Orderly and Sustainable Development Objective(s) 1, 2, 3, 4 PDC 4 Objective 1 of the Industry Zone seeks: ‘a zone primarily accommodating a wide range of industrial, warehouse, storage and transport land uses.’ The proposed development will enable the continuation of an appropriate form of development in accordance with this objective. The following forms of development are listed as envisaged land uses within the Zone:: - industry - office in association with and ancillary to industry - transport distribution - warehouse The activities undertaken on site are considered to fall within the definition of an industry and therefore an envisaged form of development within the zone. Page 134 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Appearance of Land and Buildings (Amenity) 1. General Section: Design and Appearance The design and appearance of the proposed development is industrial in nature and will complement the design elements of existing built form in the locality. The Development Plan seeks a high level of design that responds to and reinforces the positive aspects of the local built form. The proposed development will be visible on all sides due to the uniqueness of the allotment having exposure to roads (and railway) on three sides. The built form will have industrial characteristics such as tilt up panel which is not unfitting with the locality and neighbouring development. Objective(s) 1 PDC 1, 2, 3, 4, 5 General Section: Industrial Development Objective(s) 1, 3, 5, 6 PDC 1, 2, 3, 4, 5 The locality is characterised by other industrial land uses and built form, and the proposed structure is considered to be consistent in appearance with other development in the locality. Industry Zone Objective(s) 1 PDC 4, 5, 8, 9 The proposed development is considered to be an envisaged expansion to the existing workshop as an ancillary structure for the betterment of the existing land use whilst further mitigating impacts on adjoining residents. 2. The Development Plan anticipates buildings to be designed and sited to avoid extensive areas of uninterrupted walling facing areas exposed to streetscapes, yet the Industry Zone encourages building facades facing land zoned for residential purposes to not contain openings or entrance ways that would result in the transmission of noise that would adversely affect the residential amenity. The existing workshop borders the railway to the west which acts as the separation between the Residential and Industry Zones. The four metre high acoustic wall and the rear of the canopy structure are proposed to be sited on this boundary in line with the existing workshop. Although the Development Plan seeks to avoid large expanse of wall, in this instance the walling on the boundary is considered appropriate to shield the nearby residences from potential impacts arising from the industry uses occurring within the Industry Zone. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 135 Item 5.1.2 ITEM 5.1.2 Item 5.1.2 ITEM 5.1.2 Materials, Colours & Finishes General Section: Industrial Development 3. The structures sited on the boundary will be painted in a colour to match the remainder of the built form in a “Colorbond surfmist” colour and will be treated in an anti-graffiti coating to reduce the possibility of vandalism. Graffiti is evident on the existing buildings located on the boundary, however the use of antigraffiti coating should assist to minimise vandalism on the new built form. 4. Where development is sited on or close to a boundary, the Development Plan seeks to minimise the visual impact of the building as viewed from adjoining properties. As discussed above the railway and road on the opposite side of the railway provides a buffer between the subject land and the Residential Zone. The periphery of the railway corridor features existing landscaping to assist in screening the railway and adjacent existing industries. 5. Taking all factors into consideration including the visibility of the site from all angles, the proposed development is considered to have a negligible impact on the amenity of the subject land and locality. 1. The Development Plan seeks to improve the amenity of industrial areas and contains specific policy relating to building facades facing non-industrial zones, public roads or public open space. Objective(s) 6 PDC 5 The proposed development is considered to satisfactorily meet the requirements of the Development Plan in this regard as: General Section: Design and Appearance Objective(s) 1 PDC 1, 2, 3 Industry Zone PDC 7 2. it utilises a variety of building finishes does not solely consist of metal cladding the materials proposed are of low reflectivity design elements have been included to add visual interest and reduce the perceived bulk such as ‘dummy’ horizontal joins In accordance with the zoning requirements, the resulting building through the use of various architectural elements will enhance the appearance of the locality and add additional interest to the streetscape whilst importantly mitigating noise at the interface. Page 136 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Building Height and Setbacks General Section: Industrial Development 1. Objective(s) 6 PDC 2 Council wide provisions seek development on boundaries of non-industrial zones to be restricted to a height of 3 metres with a building envelope to be within a 31 degree projected plane above the horizontal line into the development site. The existing workshop which has a maximum height of 9.75 metres and proposed canopy and associated walls are sited on the site boundary and not the zone boundary which is located approximately along the centre line of Bagster Road to the north-west and adjacent the railway line to the south-west of the site. For the 31 degree projection to apply, the existing building and proposed canopy and walls would need to be within 12 metres of the zone boundary. Industry Zone PDC 6 The existing building and proposed canopy and walls on the site boundaries will be located a minimum of 15 metres from the zone boundary and well within the 31 degree building envelope. Given this the proposal satisfies the requirement of PDC 2 Site Coverage Industry Zone PDC 5 2. Principle of Development Control 6 of the Zone provides requirements for primary road setbacks in relation to the height of structures. There is no built form proposed between the primary street frontage and the front façade of the building. As the main workshop is sited at the end of a cul-de-sac, the proposed canopy structure on the southern side of the building is effectively adjacent an internal common boundary. 3. The height of the proposed structure is considered necessary for its intended use and is lower in scale than the existing workshop. Given the size, bulk and scale of other development within the locality and in particular those in Playford Cresecent, the proposed development is considered appropriate. 1. The Industry Zone indicates that industrial buildings should not occupy more than 50% of the total area of the site upon which they are located. 9-11 Playford Crescent has a site area of approximately 5,850m2. The existing workshop and proposed canopy extension have a combined area of 1,776m2 plus the office and amenities component of the workshop. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 137 Item 5.1.2 ITEM 5.1.2 Item 5.1.2 ITEM 5.1.2 The site coverage of the allotment is less than 50% and therefore satisfies the above provision. Interface between Land Uses / Acoustic Privacy 1. General Section: Interface between Land Uses Objective(s) 1, 2 PDC 1, 2, 3, 5, 6, 7 The objectives of this section of the Development Plan encourages development to be located and designed to prevent adverse impact and conflict between land uses; and also protect community health and amenity and support the operation of all desired land uses. Development should be sited and designed to minimise negative impact on existing and potential future land uses considered appropriate in a given locality. General Section: Industrial Development The proposed development includes the construction of a light weight acoustic wall on the boundary of the interface with the Residential Zone on the opposite side to the railway. On the southern side of the workshop the partially enclosed canopy includes precast panel walls on the same boundary. The intent of this wall is to minimise land use conflict and any noise generated from the subject site becoming a nuisance to residences in the locality. Objective(s) 5, 6 PDC 5, 6, 7 2. Following receipt of the representations during the public notification period the applicant engaged Acoustic Engineers, Sonus Pty Ltd to prepare an environmental noise assessment of the site to ensure what is being proposed meets with the relevant guidelines. The assessment considers noise at the closest residences located on Langford Terrace. The assessment concluded: The noise from the additional noise sources associated with the application will be more than 5dB(A) below the relevant goal noise level of the Environment Protection (Noise) Policy 2007, even when applying the most stringent application of its requirements. The concrete wall proposed at the interface with the railway corridor will make no noticeable difference to the railway noise experienced at residences. The proposed development will achieve all provisions of the Development Plan related to environmental noise. Page 138 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 3. The Industrial Development Module of the General Section of the Development Plan contains specific policy for development within 50 metres of the Residential Zone. The following is a list of criteria and a comment in relation to the proposed development: a) Demonstrate appropriate acoustic performance – as above, the applicant has provided a satisfactory environmental noise assessment report. b) Ensure that all noise sources including machinery, outside loading, unloading and other service areas are located away from the Residential Zone boundary – the applicant has attempted to ensure compliance with this policy, however given the existing constraints of the site and the location of existing operations it is difficult. As the unloading/loading occurs on the western side of the subject land, the acoustic wall and rear wall of the canopy have been provided to reduce the impact of activities on the subject land becoming a nuisance to the adjoining Residential Zone. c) comprise buildings of masonry or equivalent construction to minimise the transmission of noise with openings located away from residential properties – the proposal satisfactorily achieves this provision. d) limit operating hours to between 7am and 6pm – there is no change in operating hours proposed. Existing conditions limit the hours of operation to these times. e) Where there is a railway on the boundary development should: i. Ensure the rear walls of the industrial premises are sited on the rear boundary of the allotments – The proposed development is sited on the western boundary at the interface with the railway corridor meeting this provision. ii. Incorporate building materials that will minimse reflection of railway traffic noise towards the residential area opposite – the Sonus report concludes that the concrete wall proposed at the interface with the railway corridor will make no noticeable difference to the City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 139 Item 5.1.2 ITEM 5.1.2 ITEM 5.1.2 Item 5.1.2 railway noise experienced as indicated by the adjoining resident. Vehicle Access / Car Parking / Traffic General Section: Transport and Access Objective(s) 1, 2 PDC 13, 22, 23, 25, 28, 32, 33, 34, 35, 36 4. In light of the above, the proposed development is considered to be appropriate and the land use does not give rise to any unreasonable interface issues with the Residential Zone. 1. The Development Plan provisions seek to ensure that new development provides safe and convenient access for vehicles and pedestrians and the provision of sufficient on-site car parking. 2. In terms of car parking provision, Table Sal/2 – Off Street Vehicle Parking Requirements prescribes differing car parking rates for the office and non-office components associated with an industry: Office component = 1 space per 30m2 PLUS Non-office component of 200-2000m2 = 1 additional space for every 75m2 The workshop component is not changing as a result of the proposed development. The existing workshop has a floor area of 1,776m2 which equates the need for 24 car parks plus the amount required for the ancillary offices which is in the order of approximately 2-3 car parks. As part of the proposal there are a number of car parks removed from the northern side of the workshop to allow for the better utilization of the unloading area. There will be 19 car parks remaining around the curtilage of the workshop with an additional 31 proposed to be utilised on 5 Playford Crescent. Across the entire subject land there are 50 car parks available which is considered to be satisfactory in meeting the on-site car parking requirements of the Development Plan. 3. Vehicular access will continue as per normal via Playford Crescent. The proposed plans indicate that there is existing area for the maneuvering of trucks and large vehicles on and through the site to Australian Standards. Page 140 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury The proposed development is not likely to be detrimental to the free flow and safety of vehicular traffic within the locality and/or the surrounding road network. Landscaping 1. General Section: Industrial Development Objective(s) 6 PDC 8 The Industrial Development module of the Development Plan encourages landscaping to be incorporated as an integral element of industrial development along non-industrial zone boundaries. The subject land contains existing areas of landscaping on the periphery of the site. It is the intent of the applicant to maintain this landscaping at a taller height than currently maintained. Industry Zone PDC 19 The existing landscaping when grown higher is expected to provide appropriate softening of the visual impact of the existing and proposed elements of built form. 2. Principle of Development Control 19 of the Industry Zone makes specific reference to the subject land and locality by reference to land within the portion of Salisbury North bounded by Commercial Road to the north and railway lines to the east and west. This principle seeks a landscape reserve with a 5m width along the boundaries of the site abutting the railways that consist of thick plantings, designed for effective visual screening and noise attenuation, consisting along the length of the reserve. In reviewing the cadastral boundaries within the locality it would appear that this landscape buffer was required at the time of land division. There is a 5 metre buffer between the subject land and the railway reserve with a larger buffer on the northern and north eastern boundaries abutting Commercial and Bagster Roads. It is understood that this reserve is within Councils ownership and it would appear that the landscape plantings have not occurred. If this buffer reserve was to include landscaping into the future, this combined with the landscaping provided on the subject land would effectively screen the site of the development from view. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 141 Item 5.1.2 ITEM 5.1.2 ITEM 5.1.2 Item 5.1.2 10. CONCLUSION The proposed development is considered to be fundamentally appropriate in the Industry Zone. The development will allow for the continuation of an existing established business and is considered to be an appropriate form of development in terms of bulk, scale and appearance. The proposed light weight acoustic wall and partially enclosed canopy will result in a better outcome for residences in the adjoining residential zone as the noise emanating from the workshop will be reduced. The land use is consistent with the predominant character of the locality and Playford Crescent that incorporates a variety of industrial uses. The land use has been occurring on the subject land for a considerable period of time and the issuing of Development Plan Consent will allow the business to continue its operations, albeit in a more efficient fashion and with less impact on adjoining residents. Having consideration to the Council Wide and Zoning provisions the proposed development generally conforms with the intent of the Development Plan and on balance is worthy of Development Plan Consent subject to conditions. 11. STAFF RECOMMENDATION That the Development Assessment Panel resolve that: A. The proposed development is not considered to be “seriously at variance” with the Salisbury Council Development Plan – Consolidated 18 December 2014. B. Pursuant to Section 33 of the Development Act 1993, Development Plan Consent is GRANTED to application number 361/1078/2015/3B for the construction of a partially enclosed loading bay with canopy, light weight acoustic wall and car parking in accordance with the plans and details submitted with the application and subject to the following conditions: 1. The conditions imposed herein shall be in addition to conditions that apply to the subject property from previous approvals that remain active. Reason: To ensure orderly development. 2. The proposal shall be developed in accordance with the documentation and Council stamped approved plans lodged with the application, except where varied by the conditions herein. Reason: To ensure the proposal is established in accordance with the submitted plans. Page 142 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 3. All driveways, car parking and truck parking areas shall be constructed with either brick paving, concrete or bitumen to a standard appropriate for the intended traffic volumes and vehicle types. Reason: To ensure access and car parking is provided on the site in a manner that maintains and enhances the amenity of the locality and complies with best engineering practice. 4. Access to, from and within the site is to be designed and constructed to comply with AS 2890.2 – Facilities for Commercial Vehicles. Reason: To ensure that the development complies with Standards and Best Engineering Practice. 5. Stormwater systems shall be designed and constructed to cater for minor storm flows (Industrial / Commercial ARI = 10 years). The design of the stormwater system shall ensure that no stormwater is discharged onto any adjoining land. Surface stormwater is to be managed in a manner that ensures no ponding of water against buildings and structures, no creation of any insanitary condition, and no runoff into neighbouring property for the major storm event ARI – 100 years. Reason: To ensure flood protection of buildings. 6. The boundary walls of the existing building and proposed structures shall be kept and maintained free of graffiti at all times. Reason: To enhance the amenity of the locality CO-ORDINATION Officer: Date: GMCiD 02.12.15 ATTACHMENTS This document should be read in conjunction with the following attachments: 1. Application, Drawings and Supporting Information 2. Internal Referral Responses 3. Representations Received - Category 2 4. Applicant's Response to Representations 5. Environmental Noise Assessment 6. Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 143 Item 5.1.2 ITEM 5.1.2 Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 145 Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 Page 146 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 147 Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 Page 148 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 149 Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 Page 150 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 151 Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 Page 152 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 City of Salisbury Development Assessment Panel Agenda - 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15 December 2015 City of Salisbury Application, Drawings and Supporting Information Item 5.1.2 - Attachment 1 - Application, Drawings and Supporting Information 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 179 Internal Referral Responses Item 5.1.2 - Attachment 2 - Internal Referral Responses 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 181 Internal Referral Responses Item 5.1.2 - Attachment 2 - Internal Referral Responses 5.1.2 Page 182 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Internal Referral Responses Item 5.1.2 - Attachment 2 - Internal Referral Responses 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 183 Internal Referral Responses Item 5.1.2 - Attachment 2 - Internal Referral Responses 5.1.2 Page 184 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received - Category 2 Item 5.1.2 - Attachment 3 - Representations Received - Category 2 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 185 Representations Received - Category 2 Item 5.1.2 - Attachment 3 - Representations Received - Category 2 5.1.2 Page 186 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received - Category 2 Item 5.1.2 - Attachment 3 - Representations Received - Category 2 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 187 Representations Received - Category 2 Item 5.1.2 - Attachment 3 - Representations Received - Category 2 5.1.2 Page 188 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received - Category 2 Item 5.1.2 - Attachment 3 - Representations Received - Category 2 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 189 Representations Received - Category 2 Item 5.1.2 - Attachment 3 - Representations Received - Category 2 5.1.2 Page 190 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Representations Received - Category 2 Item 5.1.2 - Attachment 3 - Representations Received - Category 2 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 191 Applicant's Response to Representations Item 5.1.2 - Attachment 4 - Applicant's Response to Representations 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 193 Applicant's Response to Representations Item 5.1.2 - Attachment 4 - Applicant's Response to Representations 5.1.2 Page 194 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Environmental Noise Assessment Item 5.1.2 - Attachment 5 - Environmental Noise Assessment 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 195 Environmental Noise Assessment Item 5.1.2 - Attachment 5 - Environmental Noise Assessment 5.1.2 Page 196 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Environmental Noise Assessment Item 5.1.2 - Attachment 5 - Environmental Noise Assessment 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 197 Environmental Noise Assessment Item 5.1.2 - Attachment 5 - Environmental Noise Assessment 5.1.2 Page 198 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Environmental Noise Assessment Item 5.1.2 - Attachment 5 - Environmental Noise Assessment 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 199 Environmental Noise Assessment Item 5.1.2 - Attachment 5 - Environmental Noise Assessment 5.1.2 Page 200 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Environmental Noise Assessment Item 5.1.2 - Attachment 5 - Environmental Noise Assessment 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 201 Environmental Noise Assessment Item 5.1.2 - Attachment 5 - Environmental Noise Assessment 5.1.2 Page 202 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Environmental Noise Assessment Item 5.1.2 - Attachment 5 - Environmental Noise Assessment 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 203 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 205 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 206 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 207 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 208 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 209 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 210 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 211 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 212 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 213 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 214 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 215 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 216 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 217 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 218 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 219 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 220 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 221 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 222 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 223 Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 Page 224 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 Item 5.1.2 - Attachment 6 - Relevant Sections of the Development Plan Salisbury Council Consolidated 18 December 2014 5.1.2 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 225 5.1.3 Item 5.1.3 ITEM DEVELOPMENT ASSESSMENT PANEL DATE 15 December 2015 APPLICATION NO. 361/1550/2015/NB APPLICANT The Salvation Army SA Property Trust Inc PROPOSAL Shop, Vehicle Store and Men's Shed In Association With An Existing Warehouse and Office (Non-Complying) LOCATION 83 Research Road, Pooraka CERTIFICATE OF TITLE CT-5497/716 AUTHOR Karyn Brown, Development Officer Planning, City Development 1. DEVELOPMENT APPLICATION DETAILS Zone/Policy Area Application Type Public Notification Referrals - Statutory Referrals – Internal Development Plan Version Assessing Officer Recommendation Meeting Date 2. Industry Zone Non-Complying – Category 3 Representations received: Representations to be heard: Nil Urban Policy and Planning Salisbury (City) Development Plan Consolidated 6 August 2015 Karyn Brown Approval with Conditions 24 November 2015 REPORT CONTENTS Assessment Report Attachment 1: Attachment 2: Attachment 3: Attachment 4: 3. Application Form and Drawings Correspondence Internal Referral Response Relevant Development Plan DESCRIPTION OF THE PROPOSED DEVELOPMENT Development Plan Consent is sought for a shop, vehicle store and men’s shed in association with an existing warehouse and office. The Salvation Army currently leases three properties in the general area and through this application is seeking to consolidate facilities and staff at the site. City of Salisbury Development Assessment Panel Agenda 15 December 2015 Page 227 Item 5.1.3 ITEM 5.1.3 The primary purpose of the proposed development would be as a warehouse and storage facility for the collection and sale of second hand goods as well as a vehicle store with an associated men’s shed workshop to be located at the rear of the existing warehouse. The proposed change of use includes the following: Retailing of second hand goods in the shop component at the front of the building; Storage of large donations (eg. white goods, furniture etc); Garaging of emergency services vehicles (including four utes, two trucks and a bus); Work area within the warehouse to sort through donated goods for recycling; and A men’s shed workshop to engage men in skill-building and community networking and enable minor repairs and cleaning of donated goods. No building work or additional signage is proposed as part of the application. A copy of the proposal plans are contained in Attachment 1 of this report. 4. BACKGROUND Council granted Development Approval (DA 361/339/2005/1B) for a warehouse, office and ancillary showroom of about 100m2 in area on the site on 29 June 2005. The approval was subject to conditions. In addition, Council granted Development Approval (DA 361/933/2006/1B) to vary condition nine (9) in DA 361/339/2005/1B on 13 April 2006 to increase the showroom area from 100m2 to 250m2. The use was assessed at the time as a warehouse with showroom. The showroom component was deemed acceptable and ultimately approved, as the showroom was considered to be ancillary to the warehouse given that it would comprise less than 10% of the overall floor area of the building. Page 228 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 5. Item 5.1.3 ITEM 5.1.3 SUBJECT SITE Aerial View: Source: Dekho City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 229 Item 5.1.3 ITEM 5.1.3 Legend Subject Site Notified Property Source: Dekho Page 230 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Item 5.1.3 ITEM 5.1.3 Source: Dekho The site is described as Allotment 12, 83 Research Road, Pooraka and consists of one regular shaped Torrens Title allotment. The site has an area of 4839m2 and has a frontage to Research Road of 44.61 metres. The site is flat and there are no easements registered on the land. The existing building is constructed in two parts. The portion of the building at the front of the site is constructed with a canopy structure fixed to the front and side of the building. The other component of the building comprises an attached shed and lean-to. The use is proposed to occupy the whole of the site, having a total floor area of 2492m2, 295m2 of which will comprise retail area. Car parking for up to 39 vehicles is provided to the front, side and rear of the existing building, served by a main access driveway and manoeuvring area, all sealed in bitumen. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 231 ITEM 5.1.3 Item 5.1.3 6. LOCALITY The site is positioned within the industrial area of Pooraka, bounded by Main North Road to the west, Bridge Road to the east, Maxwell Road to the north and Langford Street to the south. Parafield Airport and Mawson Lakes are situated on the opposite side of Main North Road to the north-west. The locality is defined principally by visual reference to the site and traffic movements along Research Road. The locality is characterised by a range of industrial, warehousing, storage and transport uses, having frontage to Research Road and Whit Street. Buildings generally comprise large floor plates, having generous setbacks from Research Road. Locality Outline Source: Dekho Page 232 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury ITEM 5.1.3 Item 5.1.3 Site Photographs Photo 1: View of site from Research Road Photo 2: View of building and driveway from Research Road City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 233 Item 5.1.3 ITEM 5.1.3 7. CHARACTERISATION The subject land is situated wholly within the Industry Zone under the Salisbury Council Development Plan Consolidated 6th August 2015. In this Zone a ‘shop’ is listed as being a non-complying form of development except where the gross leaseable area is less than 250 square metres and is located within the Greater Levels Policy Area 8, Pooraka Policy Area 11 or the suburb of Greenfields. Given that the gross leaseable floor area for shop exceeds 250m2 and the site is not located within a Policy Area or the suburb of Greenfields, the application is a non-complying development form of development, and is referred to the Panel for determination consistent with Council’s delegation. 8. PUBLIC NOTIFICATION The application was treated as a Category 3 form of development for the purposes of public notification, pursuant to Section 38 and Schedule 9 of the Development Act 1993 and Development Regulations 2008, and the provisions of the City of Salisbury Development Plan. The application was advertised between 23rd October 2015 and 6th November 2015. Council did not receive any representations during the Category 3 public notification period. 9. REFERRALS - INTERNAL DIVISION Economic Development and Urban Policy COMMENT No objection to the proposal as the shop component appeared to be ancillary to the use of the site for storage and would not be expected to result in interface issues with adjoining uses. A copy of the internal referral comments are contained as Attachment 3. 10. DEVELOPMENT DATA Site Characteristics Site Area Site Dimensions Site Gradient Easement Design Characteristics Site Coverage Buildings only Building Height Building Set-backs Primary street Side(s) Boundary Walls Length Guideline 4839m2 Frontage: 44.61m Depth: 108.48m Level Nil Guideline Proposed No change No change 50% No change 9.5m Not Applicable 15.2m 0m (eastern boundary) 5.5m (western boundary) Not Applicable Not Applicable 90m (eastern boundary) Not Applicable Page 234 Development Assessment Panel Agenda - 15 December 2015 No change Not Applicable Proposed City of Salisbury ITEM 5.1.3 Car Parking & Access Number of parks Affected Trees Significant Regulated Street Infrastructure Crossover SEP Electricity pole Telecommunication pit Gas 11. Item 5.1.3 18m (southern boundary) 58 spaces 39 spaces Nil Nil Not Applicable Not Applicable Existing Nil Nil Nil Nil No change to access No impact on infrastructure No impact on infrastructure No impact on infrastructure No change to existing services No change to existing services Not Applicable Water Nil Trees Not affected ASSESSMENT Seriously at Variance Pursuant to Section 35(2) of the Development Act 1993 it is recommended that the Panel determine that the proposal is not seriously at variance with the Salisbury (City) Development Plan – Consolidated 6 August 2015. The following reasons are given in support of this recommendation: The proposed uses, being a shop, vehicle store and men’s shed will be associated with an existing warehouse and office use, which is approved on the site; The proposed retail component is not substantially greater in terms of floor area than the previously approved showroom use; The proposal is compatible with other uses within the locality and does not prejudice the continuation of other established uses within the Industry Zone; Adequate levels of off-street parking are provided; The overall development will not have a detrimental impact on the character of the locality. Assessment against Development Plan Objectives and Principles Primary Development Objectives and Principles of Development Control (PDC) Development Plan Reference Zoning & Land Use Assessment 1. General Section: Industrial Development 2. Objectives 1, 3-6 PDCs 1, 3 and 6 The subject land is situated within the Industry Zone under the Salisbury Council Development Plan. Objective 1 of the Industry Zone seeks: ‘a zone primarily accommodating a wide range of industrial, warehouse, storage and transport land uses.’ City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 235 Item 5.1.3 ITEM 5.1.3 3. The use of the term ‘primarily’ is somewhat ambiguous and does not discount the establishment of other uses that are not specifically listed as envisaged land uses within the Zone provided that their impact on the site and locality are appropriately considered and assessed. 4. The proposed change of use generally accords with the envisaged land uses listed in PDC 1 of the Zone apart from the shop component 5. PDC 2 of the Zone suggests that shops should not occur unless it can be demonstrated that they primarily serve businesses in the zone and do not detract from the function of any centre zone or centres generally. 6. It is important to note that the shop and office components are for the purpose of supporting the storage and warehouse aspects of the development and are integrally linked to the overall site operation. The development is not considered to incorporate a retail use that would detract from nearby centres as the development is for the storage, repair and sale of second hand and donated goods. 7. The locality contains a wide range of land uses and a shop use would not be considered to prejudice the continued development of the zone for its intended purpose and nor does it threaten the continuance of adjoining land uses. 8. In summary, the proposed development is considered to be appropriate in the proposed location, despite part of the development being a non-complying form of development. 1. The General Section of the Development Plan suggests that a shop with a gross leasable area of greater than 250m2 should be located within a centre zone and that shops located outside of the zones that envisage retail development should: General Section: Interface Between Land Uses Objective 1 PDCs 1-2 Industry Zone Objectives 1-2 PDCs 1-3 Centres and Retail Development General Section: Centres and Retail Development Objective 1 PDC 10, 11, and 12 be of a size and type that will not hinder the development, function or viability of any centre; not demonstrably lead to the physical deterioration of any designated centre; and be developed taking into consideration its effect on adjacent development. Page 236 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Car Parking and Access 2. The total floor area of the building is 2492m2, of which 295m2 is proposed retail floor area. 3. The proposed development is not considered to be of such a size that it would hinder or detract from the function of nearby centre zones. The shop component of the development is associated with the use of the site for the sorting and storage of second hand goods and is not expected to result in interface issues. 1. The Development Plan provisions seek to ensure that development provides safe and convenient access for vehicles and pedestrians and the provision of sufficient on-site car parking. 2. In terms of car parking provision, Table Sal/2 – Off Street Vehicle Parking Requirements prescribes car parking rates for office areas and non-office areas within the Industry Zone as well as shop areas. 3. Office areas require 1 space per 30m2 and non-office areas require 1 space per 50m2 (up to 200m2) and 1 space per 75m2 (between 200-2000m2). 4. Shops require 7 spaces per 100m2 of floor area where located outside of a centre zone. 5. The proposed development has been categorised as a receiving depot for secondhand goods with associated shop and ‘men’s shed’ workshop for the purposes of this assessment and therefore requires the following number of car parking spaces: 6. Shop area 295m2 Office area 311m2 Non-office area 1886m2 7. Based on the above areas, the development should be served by 58 (57.9) off-street car parks. 8. The site is provided with 39 on-site customer parking spaces including one disabled car parking space, located at the front of the site. Sixteen of the available car parking spaces are available at the front of the site while the remaining 23 car parking spaces are located to the side and rear of the existing building. 9. All spaces are accessed via the existing crossover and driveway located adjacent the western property boundary. Council Wide Form of Development Objective(s) 2 PDC 32, 33, 34, 35, 36, 37, 38, 39, 40 Zone Provisions Objective(s) PDC City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Requires 21 spaces Requires 10.4 spaces Requires 26.5 spaces Page 237 Item 5.1.3 ITEM 5.1.3 Item 5.1.3 ITEM 5.1.3 10. The proposal therefore results in a shortfall of 20 spaces. 11. To address concerns regarding the shortfall of spaces, it was requested that the applicant provide a traffic and parking report. The applicant has provided a report which considers the overall demand for car parking spaces required and has concluded that the development will generate demand for 34 car parking spaces, thus resulting in a “surplus” of 5 car parking spaces. The main reason for the reduced demand anticipated by the planning consultant is because: a) The rate applied for ‘industry, warehouse’ store’ was adopted instead of the rate applied for ‘shop’; and b) Car parking for the emergency services vehicle storage area will not generate any demand for on-site car parking. The above approach is considered to be reasonable, given that the ‘shop’ component is not expected to generate the same level of demand as that experienced by more conventional type retail. In addition, the area occupied by the emergency services vehicle storage area will clearly not generate any vehicle demand. Given the above, the level of car parking provided onsite is considered to be adequate to service the proposed development. Manoeuvring and Access Council Wide Form of Development Objective(s) 1, 2, 3, 4, 5 PDC 22, 23, 25, 27, 28, 29 Zone Provisions Objective(s) PDC In addition to the above, all of the car parking spaces are sealed and designed in accordance with Australian Standard 2890. 12. As mentioned earlier, the site is served by an existing two way access point connected to an internal manoeuvring area which serves the car parking spaces at the front of the building and extends adjacent the eastern side boundary in order to serve the rear car parking spaces. The manoeuvring area is sealed and is designed to allow for safe and convenient entry and exit of car parking spaces and for entering and leaving the site in a forward direction. The existing car parking and access arrangements will not be altered as a consequence of this Application. This aspect of the development is considered to be acceptable. Page 238 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury ITEM 5.1.3 STATEMENT OF SOCIAL, ECONOMIC AND ENVIRONMENTAL EFFECTS The applicant submitted a Statement of Effect in accordance with Regulation 17(5) of the Development Regulations 2008. A copy of the Statement of Effect is contained in Attachment 2. The Statement of Effect must include: (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). The key expected social, economic and environmental effects of the development on its locality are summarised as follows: Social a) Promote community activity by encouring volunteers to be involved in the collection and sorting of second-hand and donated goods; b) Provide a Men’s Shed dedicated to the restoration of second-hand goods; c) Provide a central point for the sale of low-cost clothing, furniture, homewares and other goods to the local community. Economic d) Encourage the re-use and sale of used goods within the community; e) Increase the viability and productivity of Salvation Army’s operations by consolidating three sites into one. Environmental f) Encourage re-use of second-hand goods, thereby reducing amount of waste to landfill; g) The proposed activity is compatible with existing uses within the locality and will not result in any unreasonable off-site impacts for adjacent land uses. As stated above, the proposed development will have positive social, economic and environmental effects on the locality. 13. CONCLUSION Development Plan Consent is sought for a shop, vehicle store and men’s shed in association with an existing warehouse and office. The application was assessed as a non-complying development, given that the shop component is not excluded from the non-complying list. The application was subject to Category 3 public notification with no representations being received. City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 239 Item 5.1.3 12. Item 5.1.3 ITEM 5.1.3 A shop is not an envisaged form of land use within the Industry Zone. Despite this, the shop component is to be essentially linked and will complement the storage/warehouse operation undertaken by Salvos, thus differentiating this activity from traditional types of retailing. At the same time, the development is not considered to provide a type of retail use that would detract from nearby centres as the development is for the storage, repair and sale of second hand goods and donated items. Consequently, the shop use in association with the existing warehouse and office is considered to be an appropriate land use on the site. No other building works are proposed nor will there be any alteration to existing car parking or vehicular access and manoeuvring arrangements. In terms of on-site car parking provision, the applicant has submitted further details in order to justify the level of car parking, the assumptions of which are considered to be appropriate. Overall, the proposed development generally conforms with the intent and relevant provisions of the Development Plan and accordingly is worthy of Development Plan Consent, subject to concurrence of the Development Assessment Commission and subject to conditions. 14. STAFF RECOMMENDATION That the Development Assessment Panel resolve that: A. The proposed development is not seriously at variance with the Salisbury (City) Development Plan – Consolidated 6 August 2015. B. Pursuant to Section 33 of the Development Act 1993, Development Plan Consent is GRANTED to application number 361/1550/2015/NB for a shop, vehicle store and men’s shed in association with an existing warehouse and office (non-complying) in accordance with the plans and details submitted with the application, subject to the concurrence of the Development Assessment Commission and subject to the following conditions: 1. The proposal shall be developed in accordance with the details and Council stamped approved plans lodged with the application, except where varied by the conditions herein. Reason: 2. The conditions imposed herein shall be in addition to conditions that apply to the subject property from previous approvals that remain active. Reason: 3. To ensure the proposal is established in accordance with the submitted plans. To ensure orderly development. The total floor area of shop as shown on the Approved Site Plan shall not exceed 295m2 at any time. Reason: To ensure the development is constructed in accordance with the approved plans. Page 240 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury 4. No materials, goods or containers shall be stored in the designated car parking area or driveways at any time. Reason: 5. All trade waste and other rubbish shall be contained and stored pending removal in covered containers which shall be kept at the rear of the proposed building, in an area screened from public view at all times. Reason: 6. To ensure the car parking areas are always available for the purpose they are designed. Further that the site be maintained in a clean and tidy state. To maintain the amenity of the locality. All loading and unloading of vehicles and manoeuvring of vehicles in connection with the now approved land use shall be carried out entirely within the subject land. Reason: To ensure that vehicles associated with the land use does not cause disruption of danger to vehicles on adjoining public roads. CO-ORDINATION Officer: Date: GMCiD 02.12.15 ATTACHMENTS This document should be read in conjunction with the following attachments: 1. Application Form and Drawings 2. Correspondence 3. Internal Referral Response 4. Relevant Development Plan City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 241 Item 5.1.3 ITEM 5.1.3 Item 5.1.3 - Attachment 1 - Application Form and Drawings City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 243 Application Form and Drawings Item 5.1.3 - Attachment 1 - Application Form and Drawings 5.1.3 Page 244 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Item 5.1.3 - Attachment 1 - Application Form and Drawings City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 245 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 247 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 248 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 249 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 250 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 251 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 252 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 253 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 254 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 255 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 256 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 257 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 258 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 259 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 260 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 261 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 262 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 263 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 264 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 265 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 266 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 267 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 268 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 269 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 270 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 271 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 272 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 273 Correspondence Item 5.1.3 - Attachment 2 - Correspondence 5.1.3 Page 274 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Internal Referral Response Item 5.1.3 - Attachment 3 - Internal Referral Response 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 275 Internal Referral Response Item 5.1.3 - Attachment 3 - Internal Referral Response 5.1.3 Page 276 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Internal Referral Response Item 5.1.3 - Attachment 3 - Internal Referral Response 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 277 Internal Referral Response Item 5.1.3 - Attachment 3 - Internal Referral Response 5.1.3 Page 278 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Internal Referral Response Item 5.1.3 - Attachment 3 - Internal Referral Response 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 279 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 281 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 282 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 283 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 284 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 285 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 286 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 287 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 288 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 289 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 290 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 291 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 292 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 293 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 294 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 295 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 296 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 297 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 298 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 City of Salisbury Development Assessment Panel Agenda - 15 December 2015 Page 299 Relevant Development Plan Item 5.1.3 - Attachment 4 - Relevant Development Plan 5.1.3 Page 300 Development Assessment Panel Agenda - 15 December 2015 City of Salisbury