22 January 2015 - SA Planning Commission...22 January 2015 Page | 4 With the exception of this easement, allotments 97, 315, 1, 293, 292, 292 are currently vacant and used for storage

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AGENDA ITEM: 3.2

Application No: 313/0374/14

KNET Reference: 2014/20953/01

Applicant: Ciborex Pty Ltd

Proposal: Construction of a supermarket and associated carparking

Subject Land: 6-20 Main Street Kapunda (various parcels of land)

Relevant Authority: DAC

Role of the Commission: DAC is the relevant authority pursuant to Section 34(1)(b)(iii)

Zone / Policy Area: Historic Conservation (Kapunda Town Centre); PA 11

Categorisation: Merit

Notification: Category 1

Representations: NA

Lodgement Date: 18 September 2014

Council: Light Regional Council

Development Plan: Light Regional Council Consolidated 24 January 2013

Referral Agencies: DPTI

Officers Report: Laura Kerber

Recommendation: APPROVE with conditions

PLANNING REPORT

1. BACKGROUND

In September 2014, Light Regional Council wrote to the Minister for Planning requesting that the

Development Assessment Commission (DAC) be appointed to act as the relevant authority for this

development pursuant to section 34(1)(b)(iii) of the Development Act 1993.

Council considers that it has a perceived conflict of interest in assessing this application, due to

its involvement in a separate development application 313/0363/14 by CR Lindner Nominees

Pty Ltd for a supermarket also in Kapunda.

Development Application 313/0363/14 relies on the closure of a local Council road and

subsequent sale of the land to the Applicant in order to facilitate the proposal. Council is

therefore a ‘co-undertaker’ of the Lindner application. The Applicant for 313/0374/2014

therefore felt that Council could not act impartially due to its involvement in the CR Lindner

Nominees Pty Ltd application 313/0374/2014.

The appointment of DAC as relevant authority for development application 313/0374/2014 was

supported by the Minister.

2. PROPOSAL

The proposal is for a Foodworks supermarket (floor area of 1390m2) at 6-20 Main Street,

Kapunda, comprising construction of a new building, and conversion of a portion of an existing

building at 18 and 20 Main Street. Details of the building are as follows:

Supermarket 1042.66m2

Store and cool rooms 256.20m2

Mezzanine 91.74m2 comprising offices (38.76m2) and plant room (52.98m2)

Main Street entry verandahs, undercover walkways, rear entrance and canopies 191.89m2

Two public entry points; one on Main Street and one at the rear of the building from the

car park.

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The supermarket will replace the existing Foodworks supermarket at 7-21 Main Street, Kapunda,

which will be closed. The existing Foodworks building will cease operating as a supermarket but

will continue to be used for used for retail purposes (ie speciality shops).

The supermarket is orientated to Main Street with a frontage of approximately 48m featuring a

series of decorative parapets with a flat roof behind. For each parapet a corresponding porch

verandah is provided in Custom Orb Colorbond windspray, with fascias painted heritage red. The

building facade and parapets will be rendered and painted in a hacienda colour scheme. The rear

facade of the supermarket features a verandah in Custom Orb Colorbond with timber posts.

The proposal includes the retention of the existing Norfolk Island Pine Tree on Main Street and

construction of a detailed timber seat around the tree. The building facade is recessed at this

location to allow for the tree.

The supermarket is located on a site area of 4304m2 which includes:

37 of-street car parking including two (2) accessible spaces and four (4) staff spaces, with

access to South Terrace and Smedley Street via new concrete crossovers. The car park is

provided on two levels with retaining walls.

Loading bay and canopy.

Rubbish enclosure and trolley bays.

Undercover walkway at the rear of the building.

Landscaping.

The proposed hours of operation for the supermarket are:

Monday to Wednesday: 7am – 7pm

Thursday: 7am – 9pm

Friday: 7am – 7pm

Saturday: 7am – 7pm

Sunday: 7am – 7pm

Three (3) signs have indicatively been incorporated into the Main Street facade of the building

however, the actual signs do not form part of this application. Advertising/signage will be

addressed later as a separate development application to Council.

Application details are contained in the ATTACHMENTS.

3. DEVELOPMENT PLAN POLICY SUMMARY

The subject site is entirely within the Historic Conservation (Kapunda Town Centre) Zone and

Policy Area 11 – Retail.

The Historic Conservation (Kapunda Town Centre) Zone incorporates policies that relate to the

administration, shopping, business, retail, tourist and commercial centre of Kapunda and the

surrounding district. The Council-Wide planning policies in the Development Plan identify

Kapunda as the main urban centre servicing the northern region of the Council area (PDC 4).

Retailing and other services in Kapunda should therefore be ‘developed to the maximum extent so

that district level shopping, administrative, commercial, cultural and entertainment facilities are

retained within the district’ (PDC 102).

The Council wide economic objectives for Kapunda must be considered in unison with the

objectives for the Zone which seek to conserve, rehabilitate and compliment the historic character

of the area. This includes improving the amenity of Main Street by conserving its built-form

integrity; decluttering the streetscape; and prioritising pedestrian safety. The Development Plan

places equal importance on the historic and economic priorities for the Zone.

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The Zone is divided into three Policy Areas 10, 11 and 12: being Hill Street Civic, Retail and

Commercial respectively:

The Hill Street Civic PA 10 is primarily for cultural activities and tourism information and

has the strongest heritage character of the three areas comprising a number of significant

historic buildings.

The Retail PA 11 is the town’s hub for primarily retail, showroom, office and restaurant

use. Development in this zone seeks to consolidate and reuse the strong built form along

Main Street.

The Commercial PA 12 is mainly for commercial type activities and service trade premises

and public service depots. The character of this PA also seeks to create a strong building

line but with more of a rural feel. Roof pitches should be a minimum of 20 degrees and

galvanised iron is preferred for external cladding. Fencing, signage and landscaping is to

reflect the rural setting of the Kapunda township that complement traditional building

elements.

Council wide provisions that are relevant to this application seek to ensure:

A concentration of retail, commercial, administrative and community development within

designated centres including Kapunda.

Centre development that is highly accessible to the population they serve and create

usable and attractive spaces. This includes landscaping as an integral component to

enhance visual amenity.

Centre development that minimises adverse impacts on residential areas and does not

cause a nuisance or hazard to the community in general.

Provision of sufficient off-street car parking to meet anticipated demand.

Provision of appropriate infrastructure including water supply, a waste treatment system,

stormwater management and drainage, electricity supply, lighting, and access.

Advertisements that do not detract from the desired character of the locality; are safe;

and do not create a hazards for motorists.

The appearance of development to complement the heritage character of the locality.

4. DESCRIPTION OF THE SITE AND LOCALITY

The subject site comprises seven (7) contiguous allotments located at Main Street Kapunda and is

described as follows:

Lot No Section Street Suburb Hundred CT Reference

A97, FP170235 - 4 Main Street Kapunda Kapunda CT 5317/337

A315, FP176387 - 10 Main Street Kapunda Kapunda CT 5896/388

A1, FP125189 - 6-8 Main Street Kapunda Kapunda CT 5220/461

A293, FP176365 - 10 Main Street Kapunda Kapunda CT 5896/386

A292, FP176364 - Main Street Kapunda Kapunda CT 5896/385

A291, FP176363 - Main Street Kapunda Kapunda CT 5248/998

A5, FP137638 - 18-20 Main Street Kapunda Kapunda CT 5248/998

The seven (7) allotments are located entirely within the Historic Conservation (Kapunda Town

Centre) Zone, Retail Policy Area 11, and are bounded by Main Street, South Terrace and Smedley

Street. Main Street and South Terrace are arterial roads under the care and control of DPTI.

The rear of the subject site abuts several dwellings within the Residential Zone. A portion of

allotment 315, identified as easement ‘B’ on the certificate of title, is a right of way that is

currently being used for the adjoining residential development – this use will continue.

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With the exception of this easement, allotments 97, 315, 1, 293, 292, 292 are currently vacant

and used for storage and (private) vehicle parking. Vehicular access is the site is from South

Terrace to allotment 97, which primarily provides access to the existing Feltus Kitchen showroom

at the corner of Main Street & South Terrace (allotment 95).

Also part of the subject site is allotment 5 which comprises a building (partly two storey)

currently used as a shop, service trade premises and office. Lot 5 is an ‘L’ shaped allotment with

access from Smedley Street to an unsealed car park and rear access to the service trade

premises. The Smedley Street access also provides access to the Pizza Bar on adjacent allotment

2 via a right of way.

Land within the immediate locality includes the properties that front Main Street, within the Retail

Policy Area. This includes the adjacent Feltus Showroom to the north of the subject site which is

listed as a Local Heritage Place. Similarly, the adjacent group of shops to the south which include

a Pizza Bar and Hairdresser are listed as Local Heritage Places. Opposite the subject site on Main

Street is the existing Foodworks supermarket, CFS fire station and CWA building all of which are

Local Heritage Places except the CWA building which is a Contributory Item. Further north of the

subject site, still within the Retail Policy Area, include a BP petrol station, War Memorial and

Prince Alfred Hotel. Overall, the locality is primarily comprised of retail and commercial land uses

that are typical of a country township.

The Retail Policy Area abuts the residential zone to the north and north east. Council has advised

that dwellings in this location are primarily circa 1870-1930 comprising single storey and two

storey premises.

The subject site has a fall of approximately three (3) metres from north to south across the site.

A Norfolk Island pine tree is located within allotment 5 on Main Street, and some landscaping has

been established along the eastern boundary of the site, where it abuts the residential zone.

Figure 1: Subject Site

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Figure 2: Zoning

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Figure 3: Policy Areas within Historic Conservation (Kapunda Town Centre) Zone

Locality Plans and photographs are contained in the ATTACHMENTS.

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5. AGENCY COMMENTS

DPTI (Transport)

DPTI has reviewed the application and sought clarification from traffic consultant Phil Weaver and

Associates as needed.

Road Safety

DPTI considers the proposed egress movement for a Heavy Rigid Vehicle (HRV) shown in Sketch

TA.01 (10.12.14) to adequately cater for two-way movements at the South Terrace access point.

Subsequently, DPTI supports the amended plan that includes the recommended flaring at this

access point to ensure that convenient left out movements can be achieved without vehicles

crossing the dividing line on South Terrace.

Further to the above, in order to provide sufficient space for a vehicle to store on South Terrace

prior to entering the site and allow through traffic to pass, DPTI strongly recommends that on-

street parking be banned immediately opposite the proposed access point. The banning of parking

should extend for 15 metres either side of the crossover to ensure adequate space for vehicles

(including commercial vehicles) to pass a vehicle stored on South Terrace.

To ensure that movements to/from the existing business on Lot 95 in FP 170233 does not create

vehicular conflict at the proposed two-way access point on South Terrace, DPTI recommends that a

condition of approval be placed on movements to and from this allotment for vehicles larger than a

B99 vehicle (AS/NZS2890.1:2004).

In regards to driver sightlines to/from the proposed access points, Council should ensure that Safe

Intersection Sight Distance is met at Smedley Street (including connection to Main Road). This

may require some on-street parking bans in proximity to the access points/local road links or tree

trimming.

Delivery Vehicles

DPTI is satisfied that the proposal provides safe access for large commercial vehicles accessing the

supermarket loading bay. DPTI supports a condition that a HRV should be the largest vehicle

permitted on-site.

In regards to the existing land use located on Lot 95, DPTI notes that only an Medium Rigid Vehicle

(MRV) (8.8 metres long) is required for delivery purposes. The one-way delivery route for this site

will be ingress via South Terrace, reverse into the loading bay and then egress via Smedley Street.

To mitigate the safety concerns of large vehicles undertaking an egress via South Road from this

delivery bay, all commercial vehicles 6.4 metres or greater must exit via the Smedley Street

access point.

Parking

Whilst the ultimate level of parking provided on-site is a matter for Council and DAC to consider,

DPTI is supportive of a condition of approval being applied to require the applicant to make a

financial contribution to Council’s car parking fund to offset any on-site parking deficiencies.

DPTI comments are contained in the ATTACHMENTS.

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6. COUNCIL COMMENTS

The application was considered by Council’s DAP on 22 December 2014 and was supported

subject to 38 conditions. The conditions relate to various issues including stormwater, waste

water control, car parking construction, construction management, landscaping and hours of

operations.

The conditions are considered to be reasonable and the majority have been substituted/combined

with standard DAC conditions. The Applicant is amenable to all proposed Council conditions.

The Council DAP agenda and minutes are contained in the ATTACHMENTS.

7. PLANNING ASSESSMENT

All the relevant provisions of the Development Plan are provided at Appendix One.

Form of Development

The subject site is located wholly within the Historic Conservation (Kapunda Town Centre) Zone.

Objective 1 of the zone is: The focus for administration, shopping, business, retail, tourist and

commercial activities to serve residents in the town of Kapunda and visitors to Kapunda and the

surrounding rural district. Further, PDC 102 (Council-wide) states that Kapunda should provide

the major centre and shopping area within the council area with retailing and other services being

developed to the maximum extent so that district level shopping, administrative, commercial,

cultural and entertainment facilities are retained within the district.

Within the Centre Zone, Policy Area 11 is the focus within the town for shopping, banking,

administration offices, professional consulting rooms, restaurants, general tourist facilities and

personal services (OB1, PDC1 Policy Area).

A supermarket is considered to be a ‘shopping’ activity and is therefore clearly an envisaged use

within the zone and policy area. The proposal also contributes to PDC 102 (Council-wide),

Objective 2 (Policy Area), and Objective 5 (Zone) by developing a vacant site to its maximum

extent and utilising an existing building that has surplus capacity.

Whilst a Retail Demand Analysis was provided as part of the Application, there are no policies in

the Development Plan that specifically require an assessment of the commercial merit of the

proposal, or its impact on existing or proposed supermarkets in Kapunda. Ultimately the market

will dictate the economic viability of the proposed supermarket, and/or its impact on existing

retail operations in Kapunda.

Built-form, Appearance and Heritage

The subject site is located within a Historic Conservation zone and is surrounded by Local Heritage

Places. The impact of the supermarket on the heritage values of the locality is therefore of

utmost importance. In this respect PDC 293 (Council-wide) states: Development in an Historic

Conservation Zone or Policy Area or adjoining a place of heritage significance identified in Table

Lig/2 should utilize contemporary architectural design and detailing that complements the

external materials and finishes, colours, scale, built form, building height, roof shape and pitch,

boundary set-back and fencing of development within the zone or the adjoining heritage place.

PDC 295 (Council-wide) states that buildings should be designed to preserve and enhance

surrounding character and surrounding existing buildings having regard to scale, form, materials

and landscaping.

The Zone and Policy Area provisions provide specific guidance on building materials and built form

to achieve consistency with these Council-wide policies.

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To that end the design of the supermarket building, with its series of parapets and verandahs in

heritage colours, presents as a group of smaller shops that match with the existing, abutting

buildings to the left (Feltus Show Room) and right (Pizza Bar and Hairdresser) which are Local

Heritage Places.

The appearance is directly consistent with the relevant Council-wide, Zone and Policy Area

Objectives as it:

Provides a strong, continuous built-edge to Main Street that is not interrupted by

driveways or vacant spaces as is currently the case. The proposed Main Street facade is

in line with the set back of existing, adjacent buildings. This enhances the built form

integrity of Main Street and retains vistas along the street (PDC 2 Policy Area; OB 3 Zone;

PDC 9 Zone; PDC 22 Council-wide).

Improves pedestrian comfort along this portion of Main Street through the provision of

additional verandahs which provide shade and shelter for pedestrians, and retention of

the Norfolk Island pine tree (OB6&7 Zone).

Uses traditional/characteristic townscape elements such as parapets, Colorbond Custom

Orb verandahs over the footpath, and a rendered facade in a colour scheme that will

complement the existing adjacent heritage buildings (PDCs 9, 10, 11 and 13 Zone; PDC 3

& 4 Policy Area).

Whilst the supermarket features a flat roof with parapet, not a roof pitch of 30 degrees to

45 degrees as specific in PDC 12 (Zone), this is considered appropriate as it has been

design to mirror the existing adjoining Local Heritage Places on either side of the

proposed supermarket. The flat roof will not be visible behind the parapets.

The subject site has a fall of approximately three (3) metres from north to south across the site.

To cater for the slope in the land, the car park will be benched at the north end of the site (South

Terrace) with fill required in the centre and to the southern side of the subject site. The result is

a car park provided on two ‘levels’ connected by ramps. Whilst PDC 22 and 27 (Council-wide)

seek to minimise the level of excavation and filling; the proposed benching and filling on the site

is considered necessary to create a suitable car parking area. The excavated surfaces will be

stabilised with bitumen. It is noted that the ‘natural form of the land’ has been lost through

previous development on the subject site; therefore the excavation will not result in a loss of

amenity/natural landform. The car parking is located at the rear of the subject site and is

therefore not visible from Main Street.

Overall, the design and location of the supermarket complements the historic character of the

Zone (OB4 Zone), minimises adverse impacts on amenity (OB 5 Council-wide) and will preserve

and enhance surrounding character and surrounding existing buildings having regard to scale,

form, materials and landscaping (PDC 295 Council-wide).

Landscaping

Council wide PDC 304 states that all development should be landscaped prior to the

commencement of the use of the development with trees, bushes and groundcovers in a manner

which will enhance the appearance of the development and the locality, provide shade and

shelter, and assist in climate control within buildings, with preference given, where appropriate,

to planting with the species listed in Table Lig/4.

Due to the constraints of the site, the proposal includes limited landscaping to the rear of the car

parking, and a planting schedule is not provided. A condition is therefore included to ensure that

appropriate species are selected.

The proposal allows for the retention of the large Norfolk Island pine tree on Main Street, which is

a significant landmark in the locality. An Aborist report prepared by Mr Stuart Burton concludes

that the tree can be retained without damage to its health or structure.

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The application requires the removal of one tree at the proposed car park access point on South

Terrace.

Interface between Land Uses

PDC 3 (Policy Area) requires that Development on land abutting residential zones should be more

domestic in scale and character than development in the area generally. Centre development

should have minimal adverse impacts on residential areas (PDC 107 Council-wide) and should not

interfere with the effective and proper use of any other land in the vicinity and should not prevent

the attainment of the provisions relating to that other land (PDC 11 Council-wide).

The rear facade of the supermarket building is 4.5m with a flat roof which makes it reasonably

‘domestic in nature’ and unlikely to be a dominant feature when viewed from the adjacent

dwellings. Any visual impact will be further reduced by the separation distance provided by the

car park; the rear facade of the supermarket is some 36m from the boundary fence. The loading

bay is set back some 13m from the boundary fence. The existing boundary fences will shield the

car park from view and some landscaping along the fence line with provide further visual

buffering.

The proposed operating hours for the supermarket are considered to be reasonable; however

Council has recommended that deliveries and rubbish collection times are limited to between 7

am and 7 pm, Monday to Friday and 7am to 5 pm Saturday and Sunday. This will assist in

reducing any noise impacts to adjacent residents after hours and has therefore been included as a

condition of approval.

During construction works, Council has proposed that dust and noise impacts be controlled ‘to the

reasonable satisfaction of Council’. To formalise this requirement, a condition of approval is

proposed that requires the preparation of a Construction Environment Management Plan (CEMP).

The CEMP will accompany and complement the SEDMP already prepared by the Applicant.

The rubbish enclosure is located near the loading bay and waste will be removed on a regular

basis. To minimise odour impacts, conditions of approval relating to storage of waste and

provision of public waste bins are proposed.

The Applicant has advised that air-conditioning and refrigeration plant external to the plant room

will be acoustically screened (pg 21), however the external plant is not denoted on the plans. It

is unclear whether the external plant will be located on the roof or at the rear of the supermarket.

Due to this lack of detail, a condition of approval is proposed requiring further detail to be

submitted for approval.

Movement and Parking

The Applicant engaged traffic engineer Phil Weaver & Associates to undertake a traffic and

parking assessment for the site. Council sought an independent assessment from Frank Siow and

Associates.

Parking

Development should be provided with sufficient off-street car parking to meet its anticipated

parking demand (PDC 2 Zone and PDC 5 Policy Area). Further, Council-Wide PDC 30 and 34

require that development listed in Table Lig/6 should provide car parking spaces on the site or on

a nearby site at the rate specified in the Table. All other developments should provide adequate

offstreet car parking facilities, having regard to anticipated parking demand, availability of on-

street parking, shared usage of other parking areas and safety or as specified in principles of

development control for particular kinds of development.

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Table Lig/6 requires one parking space per 20 square metres of total floor area (or 5 per 100m2).

Based on a total floor area of 1390.60m2, this equates to 70 parking spaces. The proposal

includes 37 spaces, four (4) of which are parallel parks located adjacent the Smedley Street

entrance to be used for staff parking. This equates to a car parking ratio of 2.67 spaces per

100m2; a shortfall of 33 parks.

In order to demonstrate that the proposed 37 spaces meet the anticipated demand, the applicant

obtained advice from a traffic planning expert, Mr Phil Weaver. Mr Weaver undertook surveys of

available parking for the existing Foodworks supermarket. This included the existing Foodworks

car park, on-street parking, and car parking area associated with the Uniting Church (corner Beck

St and Church St). The survey results suggest that the existing Foodworks is generating a peak

parking demand in the order of 24 spaces, which equates to 3 spaces per 100m2. On this basis

the new supermarket would generate a peak parking demand of 42 spaces, leaving a shortfall of

5 spaces.

Council commissioned its own independent traffic assessment (Mr Frank Siow) which highlighted a

number of issues with Mr Weaver’s assessment, notably:

With regard to the use of on-street parking for the proposed development, the number of

available on-street parks on Smedley Street is 13 spaces within the Centre Zone. Mr

Weaver’s report allows for a capacity of 29 spaces on Smedley Street which includes

spaces in both the Centre Zone and Residential Zone.

Mr Siow’s assessment provides a much more conservative estimate of 16 available on-

street parking spaces in the vicinity of the proposed supermarket. If overflow parking

were to extend into the adjacent Residential Zone this would have a negative impact on

residents.

Mr Weaver’s assessment includes the Uniting Church car park which is private land and

cannot be relied upon to meet the parking requirements of a separate development.

The proposed rate of 2.67 spaces per 100m2 is exceedingly low, and a rate of 4 to 4.5

spaces per 100m2 is considered more appropriate to the locality. Notwithstanding, a rate

of 4 spaces per 100m2 would still result in a parking shortfall of 19 (off-street) spaces for

this development.

In reviewing Mr Siow’s advice, Council considered the 5 per 100m2 rate specified in Table Lig/6 of

their Development Plan is excessive and more relevant to a metropolitan setting and large

population base, notwithstanding it has not amended its Development Plan to reflect this view.

Given that the subject site is in a retail policy area, with on-street parking available in the locality,

Council has adopted the viewpoint that 4 spaces per 100m2 is a reasonable rate.

Further, the Council has expressed the view that the car parking rate should only apply to the

actual trading floor area and not include ‘non leasable areas such’ as storage, cold rooms, office

and amenity areas. With these areas excluded from the calculation (347.9m2) then the car

parking requirement would be based on 1042.66m2, which at 4/100m2 ratio, equates to 42

spaces. On this calculation the actual provision of 37 spaces then represents a shortfall of 5

spaces.

To address this shortfall, the Council has negotiated with the applicant to make a payment to

their Car parking Fund – this is a recognised alternative to the provision of car parking spaces

under the Development Act. The Council has established a transitional fund in preparation for a

fund being formally established under the Development Act. Adequate evidence has been

provided that this fund is operating and can be relied upon until such time as the formal

Development Act fund is gazetted (see Attachments). The current transitional fund has

established a figure of $3559.90 per car park, which equates to a contribution by the applicant of

$17,799.50 (based on 5 car parks) into the Car Parking Fund.

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The Council’s methodology of excluding certain floor area does not align with the proper definition

of leasable floor area and therefore should not be relied upon. Gross Leasable Area is defined in

Schedule 1 of the Regulations as the total floor area of a building excluding public or common

tenancy areas such as malls, verandahs or public toilets. For a stand-alone supermarket with no

common areas the total building is ‘leasable’. Whilst the warehouse and office portions of the

building are unlikely to generate significant levels of parking, they are an integral part of the

building and essential to the establishment of the total tradable floor area.

Advice has been obtained from DPTI-Transport Services Division (TSD) in relation to both car

parking and traffic. In respect to car parking provision, TSD advise a rate of 2.8 spaces/100 m2 (ie

39 parks) has been applied to supermarkets in similar locations and is considered reasonable.

This approximates the rate recommended by Mr Weaver on behalf of the applicant. Curiously, the

recommended number of parks also approximates that calculated by the Council (42) albeit via a

different formula.

In summary, the car parking requirements recommended are as follows:

Ratio Required

Development Plan: 5/100m2 70

Council position: 4/100m2 42

(based on a lesser

floor area)

Frank Siow: 4/100 m2 54

Phil Weaver: 3/100 m2 42

DPTI – TSD: 2.8/100 m2 39

Proposed 37

The TSD, Siow and Council requirements are all roughly the same (within 3 spaces) and

accordingly result in a shortfall in the order of 2 to 5 spaces, which is not significant. Accordingly

the provision of 37 spaces (and recognising the opportunity for utilisation of on-street spaces

throughout the town centre) the proposal to provide 37 on-site spaces is considered acceptable,

although the additional provision of a payment to the Council’s car parking fund is also considered

desirable.

Given a contribution into the fund has already been negotiated, and addresses the minor shortfall

calculated by TSD, there is no further need for car parking numbers to be the subject of any

condition.

The proposal complies with the Building Code of Australia requirements for accessible parking rate

for a Class 6 building being (a) up to 1000 carparking spaces – 1 space for every 50 car parking

spaces or park thereof.

The location of the car park to the rear of the building, and with access from side streets rather

than Main Street, is consistent with PDC 3 and 4 (Zone). Landscaping is provided to the rear of

the rear park, abutting the residential zone, which is also consistent with PDC 3c (Zone). The

proposal also provides a direct pedestrian linkage from the rear car park to Main Street (albeit

only available during supermarket opening hours), which is consistent with PDC 5 (Zone).

Bicycle Parking

Following discussions between the Council and applicant, the applicant is amenable to providing

bicycle parking in the covered portion of the alcove near the Norfolk Island pine tree. The

applicant is confident that bicycle parking can be provided without interference to the fire egress

which is also located in this alcove. A condition of approval has been included to this effect.

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Movement

The car park and access points have been designed to accommodate a Heavy Rigid Vehicle (HRV).

HRVs will enter the site from Smedley Street, reverse into the loading bay, then exit the site in a

forward direction onto South Terrace.

The proposal also allows for a Medium Rigid Vehicle (MRV) to access the rear of the Feltus

Kitchens show room. MRVs will enter the site from South Terrace, reverse into the Feltus site,

then exit in a forward direction onto Smedley Street. DPTI has recommended a condition around

this movement, to which the applicant is amenable. The purpose of this condition is to avoid

vehicles (over 6.4m) turning left from the Feltus site – due to the site constraints a long vehicle

turning left would cross into the entry lane, thereby blocking incoming traffic from South Terrace.

Following consultation between Council and the applicant, minor changes have been made to the

car park design and South Terrace access point to ensure that HRVs can undertake a left turn

from the site into South Terrace, without the need for the vehicle to cross the centreline of this

road. These amendments are supported by DPTI.

DPTI has also recommended that on-street parking on the northern side of South Terrace be

banned. This will maintain the free flow of traffic along South Terrace (which is a B double route)

in the event of vehicles turning right into the subject site. Although South Terrace is a DPTI road,

Council is responsible for imposing parking restrictions.

Peak trip generation estimates provided by traffic engineer Phil Weaver & Associates suggest that

the forecast peak hour traffic movements should have minimal impact on the adjoining road

network, particularly given the low volumes of traffic already using these roads. DPTI agrees that

given the relatively small size of the supermarket, South Terrace can accommodate the predicted

additional traffic movements.

Stormwater & Waste Water Management

The applicant engaged Fyfe Earth Partners to prepare a preliminary Stormwater Management Plan

for the development. The proposed internal drainage system for the site has been designed to

cater for a 100 year Average Recurrence Interval (ARI) and will connect to the Council system in

Smedley Street. The internal system under the car park involves a series of underground

drainage pipes, side entry pits, junction box, grated strip drain and gross pollutant trap.

Oversized reinforced concrete box culverts located below the car park provide for on-site

detention.

Fyfe has prepared a Soil Erosion Drainage Management Plan (SEDMP) which incorporates

measures to minimise pollution during construction. This includes:

A silt fence

Shaker pads (cattle grid) at the Smedley Street entrance (all access/egress will be from

Smedley Street during construction)

Dust minimisation by limiting soil movement during high winds, controlling speed, use of

water truck if necessary, and use of a designated sediment area.

The SEDMP and Stormwater Management Plan generally demonstrates consistency with PDC 330,

331, 332, 334, 339, 340, 341 (Council-wide) however Council has requested (via condition) that

the full final detailed design (including calculations) for stormwater management by submitted for

approval. Council has also requested (via condition) that a detailed diagrammatic plan be

provided as part of the SEDMP to ensure minimal impact to adjacent residential development.

A Community Waste Water Management System (CWMS) line currently traverses the site.

Council seeks to have the CWMS line recognised within a designated easement with rights to

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Council. This is included as part of the final Stormwater Management Plan to be provided to

Council.

The applicant has not yet lodged a waste water application with Council. The conditions proposed

by Council reflect the need to design a waste water control system that will not be damaged by

traffic.

Site Contamination

Previous information for the site shows that land within the Main Street – Smedley Street –

Whittaker Street – South Terrace block was previously occupied by Hawke and Co Foundry and

comprised workshops, storage, office and assembly areas for the forging of metal. The foundry

ceased operation in 1983 and the buildings were demolished in 1984. Exact details of existing

building locations are unknown however previous correspondence from Light Regional Council

suggests that preliminary soil testing previously undertaken in the vicinity found slightly elevated

levels of lead (the location of soil testing is unknown).

Council wide PDC 281 states that development, including land division, should not occur on

contaminated land or on potentially contaminated land unless:

(a) remediation of the site is undertaken to a standard that makes it suitable and safe for the

proposed use; or

(b) the site will be maintained in a condition or the development will be undertaken in a

manner that will not pose a threat to the health and safety of the environment or to

occupiers of the site or land in the locality.

Whilst the proposed supermarket will result in the whole of the site being covered with concrete

and bitumen surfaces, the slope of the land will necessitate excavation and filling. For this

reason on 28 October 2014 I requested additional information relating to the application,

including a Site History Report that included:

previous land uses, and identification of any potentially contaminating activities and

industries;

details of hazardous chemical storage on the site; and

details of any remedial work undertaken on the site.

The applicant has not provided a Site History Report. Instead their application notes that ‘it is

understood that Council has previously undertaken a comprehensive site history review of land to

the east of the development site and that any contamination that migrated off that site, did not

require further investigation or remediation’ (pg 20).

Planning Advisory Note 20 outlines the responsibilities of planning authorities in relation to

addressing site contamination when assessing development applications. In this regard the

applicant has not sufficiently demonstrated to the Commission that the site is suitable for the

proposed use, and for this reason a reserved matter is recommended requiring a suitable

statement prior to full Development Approval being granted.

Advisory notes have also been included relating to the applicant’s obligations under the

Environment Protection Act 1993, as well as the correct procedures for managing and disposing of

contaminated soil.

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8. CONCLUSION

The proposed supermarket is an envisaged use within the Zone and reinforces the shopping focus

of Policy Area. The proposal contributes to PDC 102 (Council-wide), Objective 2 (Policy Area),

and Objective 5 (Zone) by developing a vacant site to its maximum extent and utilising an

existing building that has surplus capacity.

Whilst the subject site is appropriate for the intended use in terms of zoning, the applicant has

not sufficiently demonstrated that there is no risk to the health and safety of people or the

environment from contamination. In light of the previous use of the subject land as a foundry,

and in the absence of a Site History Report, it is recommended that the applicant provide a

definite statement from a suitably qualified environmental expert advising that the land is suitable

for its intended purpose. Given the fundamental nature of this issue, it is proposed that it be dealt

with as a Reserved Matter.

The appearance of the supermarket employs traditional township design elements and colours

that are sympathetic to the adjacent Local Heritage Places. The Main Street facade provides a

continuous built edge in this location which reinforces the strong built form integrity sought in

Objective 3 (Zone) and PDC 2 (Policy Area). Whilst there is limited landscaping over the site, the

facade provides wide verandahs over the footpath and retains the Norfolk Island pine tree which

is a significant landmark in the locality. Overall the appearance of the supermarket compliments

the historic character of the Zone (OB4 Zone), minimises adverse impacts on amenity (OB 5

Council-wide) and preserves and enhances existing buildings in the locality (PDC 295 Council-

wide).

Council-wide planning policies seek to minimise the adverse impacts of centre development on

residential areas, and nuisance or hazard to the community in general. The large separation

distance between the rear (east) facade of the supermarket and the adjacent residential zone, in

conjunction with the reactively modest building height (4.5m), flat roof, and restrictions to

operating and loading hours, will minimise noise, odour and general nuisance to existing and

future residents. This is consistent with PDC 3 (Policy Area) which requires that development on

land abutting residential zones should be more domestic in scale and character than development

in the area generally.

In recognition of the subject site’s location within a retail zone, and with on-street parking

available, a discounted off-street car parking ratio of 4/100m2 can be accepted. With 37 parks

proposed, this equates to a 34% parking shortfall (19 parks). Whilst this is a significant shortfall,

the Development Act allows for payment into a Council car parking fund in order to offset the

shortfall. In this case it is appropriate that the applicant contribute $67,638.10, being 19 spaces

(based on a total floor area), into Council’s transitional car parking fund.

In all other respects the proposal is capable of providing appropriate infrastructure including

water supply, a waste treatment system, stormwater management and drainage, electricity

supply, lighting, and access.

Overall the proposal is consistent with the historic and economic objectives for the Zone, is not

seriously at variance with the Development Plan, and warrants approval by the Commission.

9. RECOMMENDATION

I recommend that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with the policies in

the Development Plan.

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2) RESOLVE to grant Development Plan Consent to the proposal by Ciborex Pty Ltd for the

construction of a supermarket and associated car parking at 6-20 Main Street Kapunda

(various parcels of land), subject to the following reserved matter and conditions of

consent:

Reserved Matter:

1. Pursuant to Section 33 (3) of the Development Act 1993, the following matters shall

be reserved for further assessment, to the satisfaction of the Development

Assessment Commission, prior to the granting of Development Approval:

a. A definite statement from a suitably qualified environmental expert advising that

the land is suitable for its intended purpose. If required by the auditor, the

applicant shall prepare a Phase 2 Site Assessment Report, prior to commence of

further works.

Planning Conditions:

1. That except where minor amendments may be required by other relevant Acts, or by

conditions imposed by this application, the development shall be established in strict

accordance with the details and plans, including the amended plans as submitted in

development application number 313/0374/14

Documents prepared by Planning Chambers Pty Ltd:

Development Assessment Report Ref No 13-107DAR01

Plans prepared by Raven Design Concepts:

Floor and Site Plans Job No 654, Pln No PD-01, Revision B, Date 19/11/14

Elevations and Sections Job No 654, Pln No PD-02, Revision A, Date 19/11/14

Site and Contour Plans Job No 654, Pln No PD-03, Revision A, Date 05/12/14

Proposed Colour Scheme Job No 654, Pln No PD-04, Revision A, Date 05/12/14

Plans Prepared by Fyfe Earth Partners:

Detail and Level Survey Drawing No 27205T01-r0, Sheet 1 of 1, Revision 0, Date 23/10/2014

2. That all car parks, driveways and vehicle manoeuvring areas shall conform to

Australian Standards and be constructed, drained and paved with bitumen, concrete

or paving bricks in accordance with sound engineering practice and appropriately line

marked.

3. That all car parking areas, driveways and vehicle manoeuvring areas shall be

maintained at all times to the reasonable satisfaction of the Council.

4. That all materials and goods shall be loaded and unloaded within the boundaries of

the subject land.

5. The final parking layout, manoeuvring and access areas, vehicular entry points and

accessible car parking spaces shall be designed and constructed in accordance with

Australian/New Zealand Standards 2890.1:2004 and 2890.6:2009.

6. The carpark shall be designed in accordance with the requirements of the Disability

Discrimination Act (DDA) 1992 and AS1428.

7. The applicant/owner shall connect the development herein approved to Smedley

Street and South Terrace by a concrete vehicle crossover that extends from the

property boundary to the corresponding road seal and shall be designed, located and

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constructed to Council requirements. The cost of construction is to be borne by the

applicant/owner.

8. That the maximum sized delivery vehicle permitted to service the supermarket shall

be restricted to Heavy Ridged Vehicle (HRV) trucks (reference AS 2890.2-2002) and

MRV trucks for Feltus Kitchens site (reference AS 2890.2-2002).

9. All HRV deliveries to the supermarket shall undertake a one-way flow through the

site, entering from Smedley Street and exiting via South Terrace access only.

10. That all loading and unloading, parking and manoeuvring areas shall be designed and

constructed to ensure that all vehicles can safely enter and exit the subject land in a

forward direction.

11. On-street parking shall be banned on the northern side of South Terrace in order to

provide additional road space for a though vehicle to pass a vehicle stored to turn

right into the subject site.

12. All redundant crossovers on Main Street shall be closed and reinstated to Council’s

satisfaction at the applicant’s cost.

13. Appropriate signage and line marking shall be installed to reinforce the desired traffic

flow at the South Terrace and Smedley Street access points.

14. That bicycle parking shall be provided adjacent the Norfolk Island Pine tree and shall

be installed prior to operation of the development herein approved.

15. That the applicant shall submit a planting schedule for approval by the Council prior to

the commencement of site works. The landscaping shown on that approved plan shall

be established prior to the operation of the development and shall be maintained and

nurtured at all times with any diseased or dying plants being replaced.

16. That the development and the site shall be maintained in a serviceable condition and

operated in an orderly and tidy manner at all times.

17. That all trade waste and other rubbish shall be stored in covered containers prior to

removal and shall be kept screened from public view. A number of rubbish bins shall

be provided to account for the various types of waste, rather than just a single bin.

18. That at least one (1) public waste bins should be provided within the car park area

and adjacent the entrance to alleviate the accumulation of general waste in the

immediate area of the supermarket.

19. That detail of any air conditioning or air extraction plant or ducting to be placed on

the exterior of the building in association with this development shall be submitted to

and approved by the Development Assessment Commission.

20. That the air conditioning or air extraction plant or ducting shall be screened such that

no nuisance or loss of amenity is caused to residents and users of properties in the

locality to the reasonable satisfaction of the Development Assessment Commission.

21. That all external lighting of the site, including car parking areas and buildings, shall be

designed and constructed to conform with Australian Standards and must be located,

directed and shielded and of such limited intensity that no nuisance or loss of amenity

is caused to any person beyond the site.

22. That the hours of operation of the premises shall be restricted to the following times:

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Monday to Wednesday: 7am – 7pm

Thursday: 7am – 9pm

Friday: 7am – 7pm

Saturday: 7am – 7pm

Sunday & Public Holidays: 7am – 7pm

23. That the hours for deliveries and rubbish collection shall be restricted to the following

times:

Monday to Wednesday: 7am – 7pm

Thursday: 7am – 7pm

Friday: 7am – 7pm

Saturday: 7am – 5pm

Sunday & Public Holidays: 7am – 5pm

24. At no time shall any goods, materials or waste be stored or displayed in designated

car parking areas, driveways, manoeuvring spaces, or landscaping.

25. That the applicant shall submit a master stormwater management plan and

construction design drawings undertaken by a qualified civil engineer for approval by

Light Regional Council prior to the granting of Development Approval. The plan shall

include full details of the approved stormwater drainage system for the site, any

works external to the site, the location and allocation of any drainage easements, and

details of any temporary works, drains or banks proposed as part of the project

inclusive of the following:

Final calculations to determine flow rate, time to peak, and duration of

discharge for the pre development and uncontrolled post development

conditions; Final calculations to determine the detention tank volume required to control

the post development peak rate of outflow to the rate of 32lit/sec for all events

up to the critical 100Yr ARI. Final calculations to determine the hydrograph of the design storm discharge of

the detention tank; How the design of the drainage system is to convey the detention tank flows to

the lawful point of discharge as advised by the Council; Provide a final layout drawing showing the proposed drainage arrangement; What stormwater measures are proposed to protect the site from a major storm

event (100 year ARI) as well as minor storm events (100 year ARI); The use of above ground or underground rainwater storage tanks with a

minimum retention capacity of 15,000 litres; Details of the final proprietary product to be utilised to control and prevent the

entry of litter and pollution from the site into the stormwater network including

any ponding, detention, extended detention and retention

26. That all stormwater design and construction shall be in accordance with Australian

Standards and recognised engineering best practices to ensure that stormwater does

not adversely affect any adjoining property or public road.

27. That the drainage detailed in the approved Master Stormwater Management Plan

must be constructed to the satisfaction of Council. No effluent or polluted water of any

type may be allowed to enter the Council's stormwater drainage system.

28. That the Applicant shall submit a wastewater control system application to Council

and have this assessed and approved by Council’s Environmental Health Officer, in

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accordance with the SA Public Health (Wastewater) Regulations 2013, prior to

commencement of construction.

29. That an appropriate Construction Environment Management Plan (CEMP) which

addresses the mitigation or minimisation of impacts (especially from noise and dust)

during the construction phase shall be prepared and implemented. Dust generated by

machinery and vehicular movement during site works, and any open stockpiling of soil

or building materials at the site, must be suppressed to ensure that dust generation

does not become a nuisance off-site. Site development machinery should generally

not be operated outside the hours of 7 AM to 6 PM daily.

30. That the Soil Erosion and Drainage Management Plan (SEDMP) prepared by Fyfe Earth

Partners dated 01/12/2014 shall be updated to include a detailed diagrammatic plan.

Advisory Notes:

a) The development must be substantially commenced within 12 months of the date of

this Notification, unless this period has been extended by the Development

Assessment Commission.

b) The applicant is also advised that any act or work authorised or required by this

Notification must be completed within 3 years of the date of the Notification unless

this period is extended by the Commission.

c) The applicant will require a fresh consent before commencing or continuing the

development if unable to satisfy these requirements.

d) The applicant has a right of appeal against the conditions which have been imposed

on this Development Plan Consent or Development Approval.

e) Such an appeal must be lodged at the Environment, Resources and Development

Court within two months from the day of receiving this notice or such longer time as

the Court may allow.

f) The applicant is asked to contact the Court if wishing to appeal. The Court is located

in the Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 8204

0300).

g) The applicant is reminded of its general environmental duty, as required by Section

25 of the Environment Protection Act 1993, to take all reasonable and practical

measures to ensure that the activities on the whole site, including during

construction, do not pollute the environment in a way which causes or may cause

environmental harm.

h) The monitoring of soil condition and appearance shall be undertaken during any site

works upon the site including the excavation of footings and the trenching of services.

In the event that any potential soil contamination is detected (discoloured soil or

odour) the applicant shall cease all earthworks and notify the Environment Protection

Authority. Appropriate testing and remediation/removal of the soil shall be

undertaken in accordance with standard industry procedures, as advised by an

appropriately qualified person, prior to the recommencement of earthworks upon the

site.

i) All material (waste) proposed to be disposed off-site must be classified and

characterised in accordance with the EPA Information Sheet - Current criteria for the

classification of waste

(http://www.epa.sa.gov.au/xstd_files/Waste/Information%20sheet/current_waste_cri

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teria.pdf) prior to removal off-site to a facility licensed to receive, dispose and/or treat

that waste.

j) There currently exits three (3) CWMS rating charges over the contiguous allotments.

It would be to the land owners advantage to re-organise the Allotments into one (1)

so as to only pay one rating charge rather than three (3). Enquires can be made with

Council’s Environmental Health Officer.

k) If the application is approved the applicant shall submit the relevant plans with the

Lands Title Office so as to illustrate upon the relevant Certificates of Titles that a

sewer easement traverses the boundaries. An appropriate sewer easement via the

allotments should be registered and created prior to occupation of the building to the

Council’s satisfaction.

l) A section 221 permit shall be obtained from Council seeking approval to be able to

erect the front verandah along the footpath area.

m) Future signage applications should be designed in accordance with DPTI “Advertising

Signs - Assessment Guidelines for Road Safety” (August 2014). The document is

available via the following link:

http://www.dpti.sa.gov.au/__data/assets/pdf_file/0019/145333/DPTI-Advertising-

Signs-Assessment-Guidelines.pdf

………………………………………………….

Laura Kerber

PLANNING OFFICER

STATUTORY PLANNING BRANCH (DPTI)

22 January 2015

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APPENDIX ONE

The Objectives and Principles of Development Control in the Development Plan most relevant to

the assessment of the application are outlined as follows. These are contained in the Light

Regional Council Consolidated 24 January 2013.

HISTORIC CONSERVATION (KAPUNDA TOWN CENTRE) ZONE

Objective 1: The focus for administration, shopping, business, retail, tourist and commercial

activities to serve residents in the town of Kapunda and visitors to Kapunda and the surrounding

rural district.

Objective 2: A range of cultural, community, tourism and entertainment uses and facilities

located in appropriate locations in the zone.

Objective 3: Conservation and enhancement of the built-form integrity of the Main Street and

important side streets.

Objective 4: Development which conserves, rehabilitates and compliments the historic character

of the respective policy areas of the zone.

Objective 5: Consolidation of the zone and retention, utilization and more intensive use of

existing buildings which presently have surplus capacity.

Objective 6: Improvements to the character of the zone through development and staged

improvements to public streets and reserves within and adjoining the zone, the planting of clear-

stemmed canopy street-trees and rationalization of overhead services to create improved

opportunities for street tree-planting.

Objective 7: Improvements to pedestrian safety for users of the Main Street.

Form of Development

PDC 1 Development including land division should be compatible with and reinforce the heritage

significance of the zone and integrity of places listed in Table Lig/2.

Movement and Parking

PDC 2 Development should provide sufficient off-street car parking to meet its anticipated

parking demand.

PDC 3 Car parking should:

(a) not take precedence over preservation of traditional buildings or structures;

(b) be generally provided to the rear of buildings; and

(c) be landscaped with suitable trees and provided with lighting to enhance the amenity,

appearance and safety of car parking areas.

PDC 4 Access to car parking areas should be from side streets rather than Main Street.

PDC 5 Pedestrian linkages should be established from car parking areas to Main Street.

PDC 6 Pedestrian facilities such as open-air seating should be incorporated into development

where appropriate.

PDC 7 Amalgamation and or joint use of car parking should be encouraged.

Appearance

PDC 9 Development should be located and designed to retain existing vistas within and outside

the zone.

PDC 10 Development should protect and/or reinstate traditional stone and other characteristic

townscape elements.

PDC 11 Buildings should be simple in detail incorporating gable, hip or hip gable combination

roofs, parapets or cornices and where appropriate wide balconies and or verandahs.

PDC 12 Roof pitches of 30 degrees to 45 degrees should be used generally with lower pitch roofs

used in a manner of "lean-to" additions to existing buildings or behind appropriately design

parapets, especially along street frontages.

PDC 13 Metal sheeting used for walls, roofs and verandahs should be of corrugated galvanised

steel sheet or Colorbond steel sheet, painted or unpainted, but not “Zincalume” so as to minimise

glare and be compatible with historic buildings in the area.

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Public Notification

Categories of public notification are prescribed in schedule 9 of the Development Regulations

2008.

Further, the following forms of development are designated Category 1 or Category 2.

PDC 16 Those kinds of development listed in Table Lig/7, together with the following kinds of

development, are assigned as Category 1 Development* in the Historic Conservation (Kapunda

Town Centre) Zone Recreation (Greenock) Zone except where non-complying:

Demolition of a building including a Contributory Item, but not including development on an

allotment containing a Local Heritage Place or State Heritage Place identified in Table Lig/2

PDC 17 The following kinds of development are assigned as Category 2 Development in the

Historic

Conservation (Kapunda Town Centre) except where non-complying:

Demolition of a Local Heritage Place

Development on an allotment containing a Local Heritage Place identified in Table Lig/2

POLICY AREA 12 - RETAIL

Objective 1: The focus within the town for shopping, banking, administration offices, professional

consulting rooms, restaurants, general tourist facilities and personal services.

Objective 2: Consolidation and re-use of the existing building stock together with the location of

car parking in an integrated form on vacant land.

PDC 1 Development in this area should be primarily retail, showroom, office and restaurant use.

PDC 2 Development should establish or maintain a relatively continuous edge of built-form along

the frontages of Main Street and along the cross streets of Beck/Smedley Streets, Hill/Crase

Streets and Brown and Lucas Streets.

PDC 3 Buildings and extensions should be constructed with stone or rendered masonry walls,

timber frame windows and detailing, and corrugated iron roofing of galvanized iron finish.

PDC 4 Verandahs over the public footpaths are encouraged where these structures are consistent

with architectural style of the building.

COUNCIL-WIDE POLICIES

Form of Development

Objective 1: Development in the Light Regional Council which supports the social, cultural,

economic and environmental needs of residents and visitors including:

(a) maintaining and increasing employment opportunities;

(b) providing such facilities as are required for accommodation, recreation, education, health and

welfare of the population, including the aged;

(c) maintaining and enhancing the primary production capacity of the district;

(d) providing services and destinations to encourage tourist visitation;

(e) strengthening service and employment functions of established townships through the

concentration of additional population and commercial activities within them;

(f) defining township and settlement boundaries to achieve compact urban areas;

(g) separation of regular heavy vehicle movements from major town centres; and

(h) protection and enhancement of areas of conservation significance including native vegetation.

Types of Development

Objective 2: Types of development in the district ensuring:

(a) protection and enhancement of the long term sustainability of primary industries, particularly

grain and seed crop production, which are of State importance;

(b) orderly development of the Kapunda and Roseworthy townships to avoid an incompatible

arrangement of land uses and to protect the continued operation of facilities for the bulk handling,

storage and transportation of farm commodities.

(c) a wide range of services located in a hierarchy of centres to maximise accessibility for the

population as a whole with regard to the location of centres in adjoining council areas;

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(h) sufficient physical infrastructure to meet the social and economic requirements of the

population in the most economical and ecologically sustainable manner;

Environment, Heritage and Amenity

Objective 5: Development undertaken in a manner which:

(c) conserves the Aboriginal and European heritage of the district;

(d) is safe;

(e) does not have an adverse impact on the amenity of properties within the locality; and

(f) has a high standard of appearance.

Catchment Water Management

Objective 23: Integrated stormwater management at the catchment level, drainage system level

in all development and site level including incorporation of water sensitive design in all

development.

Council-wide Structure

PDC 1 Development should be undertaken in accordance with the Light (RC) Structure Plans, as

shown on Maps Lig/1 (Overlay 1) and Lig/1 (Overlay 2).

Kapunda

PDC 4 The township of Kapunda should be developed in accordance with Structure Plan Map

Lig/1

(Overlay 1) Enlargement D. The desired strategy for the development of Kapunda to cater for

present and future population should be achieved by:

(a) the consolidated development of existing urban areas;

(b) development of the town as the main urban centre servicing the northern region of the

Council area;

(c) provision of local employment opportunities in defined industrial areas within the town;

(d) provision in rural living areas for residential uses on small rural allotments in proximity to the

centre of town; and

(e) encouragement of development which reinforces the heritage character of parts of the town

and provides for the needs of visitors.

Use of Land

PDC 10 Development should take place on land which is suitable for the intended use of that land

having regard to the location and condition of the land and the provisions for the zone concerned.

PDC 11 Development should not interfere with the effective and proper use of any other land in

the vicinity and should not prevent the attainment of the provisions relating to that other land.

Siting of Development

PDC 22 Buildings and structures should be sited to conserve the surrounding character through

optimum orientation, set-back, cut and fill, access and bushfire prevention measures.

PDC 23 Buildings should be sited in a manner which minimises the requirement to remove native

vegetation and should be sited and designed to blend with the surrounding landscape character

by locating in a setting where landscape features such as trees, vegetation and landforms provide

an enclosing space or setting as generally illustrated in Figure 23.1.

PDC 27 Excavation and filling of land, as generally illustrated in Figure 27.1, should:

(a) be kept to a minimum to preserve the natural form of the land and native vegetation;

(b) only be undertaken in order to reduce the visual impact of buildings, including structures or in

order to construct water storage facilities for use on the allotment; and

(c) only be undertaken if the resultant slope can be stabilized to prevent erosion.

Transport and Parking

PDC 28 Provisions should be made for motor vehicle access to and from developments to an

extent and in a manner which will avoid unreasonable interference with the flow of traffic on

roads adjoining the site of the development.

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PDC 29 Roads, streets or thoroughfares provided with development should incorporate safe and

convenient intercommunication for vehicles and pedestrians with neighbouring localities and with

existing roads, streets or thoroughfares.

PDC 30 Kinds of development listed in Table Lig/6 should provide car parking spaces on the site

or on a nearby site at the rate specified in the Table. All other developments should provide

adequate offstreet car parking facilities, having regard to anticipated parking demand, availability

of on-street parking, shared usage of other parking areas and safety or as specified in principles

of development control for particular kinds of development.

PDC 31 Development should provide off-street vehicle parking and specifically marked disabled

car parking places to meet anticipated demand in accordance with Table Lig/6 Vehicle Parking

Requirements.

PDC 32 Development should be consistent with Australian Standard AS2890 Parking Facilities.

PDC 33 Cycling facilities and networks should be designed and provided in accordance with the

relevant provisions of the Australian Standards and Australian Guide to Traffic Engineering

Practice Part 14.

PDC 34 Sufficient car parking spaces should be provided on the site of or on a site nearby a

development, having regard to anticipated parking demand, availability of on-street parking,

shared usage of other parking areas and safety.

PDC 35 Where possible parking areas should be designed to link into adjacent parking areas and

make the most efficient use of available parking space, taking account of the timing of the

parking needs of each activity involved.

PDC 40 Development should not result in ribbon development along arterial roads, particularly

leading into towns, or impair the free flow of traffic on arterial roads identified on Maps Lig/1

(Overlay 1) and Lig/1 (Overlay 2) and:

(a) the number of access points to arterial roads should be rationalised and limited through the

use of service roads or direct access to local roads;

(b) direct access to arterial roads should only be granted:

(i) in safe locations;

(ii) where there is adequate site distance and reasonable distance from side roads;

(iii) where provision is made on-site for vehicles to manoeuvre and exit the site in a forward

direction; and

(iv) where alternative convenient access via local roads is not available or (a) is not practicable;

and

(c) where development abuts an arterial road, it should not change the arterial road's nature and

function.

Centres and Shops

PDC 101 Shopping, administrative, community, health, cultural and entertainment facilities

should be located within centre zones in each town.

PDC 102 Kapunda should provide the major centre and shopping area within the council area

with retailing and other services being developed to the maximum extent so that district level

shopping, administrative, commercial, cultural and entertainment facilities are retained within the

district.

PDC 103 Retail, commercial, administrative and community development in Freeling and

Greenock should be consistent with their status as local service centres.

PDC 104 Centres should be highly accessible to the population they serve, especially by public

transport, where applicable.

PDC 105 Shop development and development in centres should meet the following criteria:

(a) facilitate the multiple use of facilities and sharing of utility areas;

(b) exhibit unified design of buildings and a close relationship between shops in a lively setting;

(c) create comfortable microclimatic conditions and minimise exposure to adverse weather

conditions through the design and orientation of buildings, and location of open space and parking

areas;

(d) make adequate and convenient provision for service vehicles and the storage and removal of

waste goods and materials;

(e) locate and design car parks to facilitate direct and convenient access of pedestrians between

them and the facilities they serve; and

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(f) consolidate and co-ordinate parking areas.

PDC 106 Landscaping should form an integral part of centre design, and be used to foster a

human scale, define spaces, reinforce paths and edges, screen utility areas, and generally

enhance the visual amenity of the locality.

PDC 107 Centres should have minimal adverse impacts on residential areas.

PDC 108 Any shopping development which can be shown to be more appropriately located

outside a centre should:

(a) not be of a size and type which would hinder the development or function of any centre;

(b) conform to the principles of development control for centres;

(c) not be likely to result in a decline of retail employment in the locality; and

(d) not be likely to cause the economic or physical deterioration of any centre.

Infrastructure

PDC 159 Development should be connected, or be able to be connected, to constructed roads

and public utilities (such as water supply, a waste treatment system, drainage, electricity supply,

lighting and telephone services), likely to be required by the user of the development with the

costs being paid by the developer.

PDC 161 Urban and township development should be capable of being economically serviced for

public transport, garbage collection, fire protection and street lighting.

Health and Safety

PDC 275 The development and use of land should take place in a manner which will not cause

nuisance or hazard to the community by:

(a) the emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, grit,

oil, waste water, waste products, electrical interference or light;

Site Contamination

PDC 281 Development, including land division, should not occur on contaminated land or on

potentially contaminated land unless:

(a) remediation of the site is undertaken to a standard that makes it suitable and safe for the

proposed use; or

(b) the site will be maintained in a condition or the development will be undertaken in a manner

that will not pose a threat to the health and safety of the environment or to occupiers of the site

or land in the locality.

Waste Disposal

PDC 282 Development should not take place unless all wastes produced can be managed so as

to prevent pollution of surface or underground water resources or loss of amenity to nearby

residents.

PDC 283 Effluent should either be disposed of via common effluent drainage system or sewer

system or be treated within the confines of the allotment without risk to the underlying water

table or to public health.

Heritage

PDC 293 Development in an Historic Conservation Zone or Policy Area or adjoining a place of

heritage significance identified in Table Lig/2 should utilize contemporary architectural design and

detailing that complements the external materials and finishes, colours, scale, built form, building

height, roof shape and pitch, boundary set-back and fencing of development within the zone or

the adjoining heritage place.

Appearance of Land and Buildings

PDC 295 Buildings should be designed to preserve and enhance surrounding character and

surrounding existing buildings having regard to scale, form, materials and landscaping.

PDC 297 Building forms should relate to surrounding existing building forms in the locality of the

development, particularly those associated with the German and British (including Irish) culture

and history of the rural district as generally illustrated in Figures 297.1(a)–(d). Characteristics of

early German buildings of timber and stone include steep gabled roofs and simple casement

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windows. The British influence ranges from modest stone colonial farmhouses with verandahs to

grander homesteads.

PDC 299 Buildings on land adjoining, or highly visible from, public roads outside or at the

periphery of townships should be sited unobtrusively and designed in a manner which will not

detract from the amenity of the locality as viewed from these roads.

Landscaping

PDC 304 All development should be landscaped prior to the commencement of the use of the

development with trees, bushes and groundcovers in a manner which will enhance the

appearance of the development and the locality, provide shade and shelter, and assist in climate

control within buildings, with preference given, where appropriate, to planting with the species

listed in Table Lig/4.

Stormwater Management

PDC 329 Development should prevent the discharge or deposit of waste (including wastewater)

into any waters or onto land in a place from which it is reasonably likely to enter any waters

(including by processes such as seepage or infiltration or carriage by wind, rain, sea spray, or

stormwater or by the rising of the water table).

PDC 330 Development should incorporate stormwater management techniques to contain the

quality, velocity, variability and quality of run-off to as near pre-development levels as practical,

by means of but not limited to:

(a) directing roof stormwater overflow from rainwater tanks to soakage trenches or to

retention/overflow wells or sumps where large roof catchments are involved;

(b) utilising grassed swales or natural drainage lines to accommodate the major flows from the

land development; and

(c) incorporating stormwater systems designed to prevent entry of pollutants such as pollutants

such as sediment, pesticides and herbicides, bacteria, animal wastes and oil, grease and waste

water from vehicle cleaning processes, air conditioners and fire protection services pipework

testing into receiving water.

PDC 331 Development should incorporate a stormwater treatment system capable of removing

pollutants.

PDC 334 Development should incorporate water sensitive design techniques to assist in the

sustainable use of water.

PDC 339 Areas for activities such as loading and unloading, wash down of vehicles, plant or

equipment, or storage of waste refuse bins should be suitably paved, bunded to exclude

stormwater run-off from external sources, and designed so that water that has made contact with

such areas is either:

(a) directed to a sediment trap, separator or other appropriate treatment device and then to

sewer; or

(b) directed to a wastewater holding tank.

PDC 340 Development should prevent erosion and stormwater pollution before, during and after construction and associated works by: (a) appropriate control of surface water entering or leaving the land;

(b) installing and maintaining erosion control works and measures;

(c) installing and maintaining sediment collection devices to prevent the export of sediment from

the land; and (d) rehabilitating disturbed areas. PDC 341 A Soil Erosion and Drainage Plan should be prepared where: (a) there is a high risk of sediment pollution to adjoining lands or receiving water, or;

(b) the total area to be distributed, or left distributed, at any one time exceeds 0.5 ha