Riverland Regional Development Assessment Panel Meeting ... · Commission that it concurs with the decision to approve Development Application 551/C006/15 by ... report the discovery

Riverland Regional Development Assessment Panel Meeting

AGENDA

10 MARCH 2016

at 1-30 PM.

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BERRI BARMERA COUNCIL DISTRICT COUNCIL OF LOXTON WAIKERIE

RENMARK PARINGA COUNCIL Notice is hereby given pursuant to Section 34 of the Development Act 1993 and in accordance with the Riverland Regional Development Assessment Panel terms of reference, the next meeting of the Riverland Regional Development Assessment Panel will be held in the Berri Barmera Council Chambers, 19 Wilson Street, Berri on Thursday 10 March 2016, commencing at 1.30pm.

DAVID BEATON BERRI BARMERA COUNCIL

2 March 2016

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THE BERRI BARMERA COUNCIL, DISTRICT COUNCIL OF LOXTON WAIKERIE, RENMARK PARINGA COUNCIL AGENDA FOR A MEETING OF THE RIVERLAND REGIONAL DEVELOPMENT ASSESSMENT PANEL

TO BE HELD THURSDAY 11 FEBRUARY 2016 AT 1.30 PM AT THE BERRI BARMERA COUNCIL CHAMBERS, 19 WILSON STREET, BERRI.

Members:

Presiding Member Independent Member Mr B.G. Ballantyne Independent Members Messrs G.D. Parsons, J.B. McVicar, Ms J Lewis Elected Members Mrs R.L. Centofanti, Messrs M Zeppel, M Chown Staff Berri Barmera Council Mrs C.G. Pedler (Development Officer - Planning) Loxton Waikerie Council Mr G.S. MacInnes (Planning Officer) Renmark Paringa Council Ms S Jardine (Town Planner) ITEM 1 WELCOME: ITEM 2 PRESENT: ITEM 3 APOLOGIES: ITEM 4 CONFIRMATION OF MINUTES OF MEETING: The minutes of the meeting held 8 October 2015 are attached at appendix for members

information and adoption. RECOMMENDATION:

That the Minutes of the Meeting held on 8 October 2015 be taken as read and confirmed.

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Minutes of the meeting of the Riverland Regional Development Assessment Panel, held on Thursday 11 February 2016 Page 357

THE BERRI BARMERA COUNCIL, DISTRICT COUNCIL OF LOXTON WAIKERIE, RENMARK PARINGA COUNCIL MINUTES OF THE MEETING OF THE RIVERLAND REGIONAL DEVELOPMENT ASSESSMENT PANEL HELD THURSDAY 11 FEBRUARY 2016 AT 1.30 PM AT THE BERRI BARMERA COUNCIL CHAMBERS,

19 WILSON STREET, BERRI.

ITEM 1 WELCOME: Mr Ballantyne welcomed Panel members and staff to the meeting. ITEM 2 PRESENT: Independent Members: Messrs B.G. Ballantyne, J.B. McVicar, G.D. Parsons, Ms J. Lewis.

Council Elected Members: Mrs R.L. Centofanti, Messrs M. Zeppel, M. Chown. Council Staff: Mrs CG Pedler (Berri Barmera Council Development Officer – Planning). Mr G.S. MacInnes (Planning Officer – District Council of Loxton Waikerie), Ms S. Jardine (Town Planner – Renmark Paringa Council).

ITEM 3 APOLOGIES: Nil ITEM 4 APPOINTMENT OF PUBLIC OFFICER: MOTION (RRDAP 234/16):

That David Beaton, Chief Executive Officer of the Berri Barmera Council, be appointed as the Public Officer of the Riverland Regional Development Assessment Panel for the period to 31 December 2016.

Mrs R.L. Centofanti / Mr G.D. Parsons CARRIED APPOINTMENT OF DEPUTY PRESIDING MEMBER: MOTION (RRDAP 235/16):

That Mr Geoffrey Parsons be appointed the Deputy Presiding Member. Ms J Lewis / Mrs R.L. Centofanti CARRIED

ITEM 5 DISCUSSION REGARDING OPERATIONAL AND MEETING PROCEDURES: MOTION (RRDAP 236/16):

That the Operational and Meeting Procedures be adopted as presented and amended. Messrs M Chown / J.B. McVicar CARRIED

ITEM 6 CONFIRMATION OF MINUTES OF MEETING: MOTION (RRDAP 237/16):

That the Minutes of the Meeting held on 8 October 2015 be taken as read and confirmed. Mrs R.L. Centofanti / Mr G.D. Parsons CARRIED

ITEM 7 BUSINESS ARISING FROM THE MINUTES: Nil ITEM 8 DECLARATION OF INTEREST BY MEMBERS OF PANEL: Nil ITEM 9 HEARING OF REPRESENTATIONS: Nil ITEM 10 REPORTS:


Item 10.1 Development Application - 551/C006/15 – JA and FK Perre

Application No: 551/C006/15

Council District Council of Loxton Waikerie

Relevant Authority: Development Assessment Commission

Applicant: JA and FK Perre

Owner: JA and FK Perre

Description of development: Land division (one allotment into three allotments)

Property details: Lot 2 under DA 551/D018/14 Originally Lot 403 in DP75169, Hundred of Gordon, CT6015/489, Nitschke Road, Bookpurnong

MOTION (RRDAP 238/16): 1. The Riverland Regional Development Assessment Panel determines that development application

551/C006/15 is not seriously at variance with the DC of Loxton Waikerie Development Plan. 2. The Riverland Regional Development Assessment Panel inform the Development Assessment

Commission that it concurs with the decision to approve Development Application 551/C006/15 by Jim Perre for a division of land (1 into 3 allotments) at Nitschke Road, Bookpurnong subject to the following conditions and advisory notes and concurrence of the Minister for Planning:

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 plan (Drawing R000214 CP PROP(D) Revision D dated 4.11.15 prepared by Alexander Symonds) submitted in development application number 551/C006/15.

2. No boundary fencing shall be erected within the area of the River Murray Flood Plain The following condition is attached at the direction of the Minister for River Murray: 3. During any works or construction activities associated with the land division, the subject land

must be managed to prevent erosion and pollution of the subject site and the environment, including keeping the area in a tidy state and ensuring any waste materials are placed into bins, to ensure no pollutants (including excavation or fill material) enter the River Murray system.

Land Division Requirements 4. Prior to its use for any purpose, each lot created by the subdivision must be provided with

reticulated water, telecommunications, electricity and drainage to the satisfaction of Council. 5. Where possible all services shall be underground. 6. No services are to traverse the boundaries of the proposed allotments unless adequate

provisions are provided for via appropriate easements. 7. Each lot is to be provided with a safe and convenient driveway access, located and

constructed to Council’s standards and satisfaction. 8. A final plan complying with the requirements for plans as set out in the Manual of Survey

Practice Volume 1 (Plan and Presentation Guidelines) issued by the Registrar General to be lodged with the Development Assessment Commission for Land Division Certificate purposes.

Advisory Notes a) The development must be substantially commenced or application for certificate made 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 the final land division certificate must be obtained from the Development Assessment Commission to complete the development 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 is advised of their general duty of care to take all reasonable measures to

prevent any harm to the River Murray through his or her actions or activities. e) The River Murray and many of its tributaries and overflow areas have abundant evidence of

Aboriginal occupation. Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act.

f) If there is any use of water from the River Murray Prescribed Watercourse or wells that may be affected by the land division, or if it is intended to use water from these resources to service the new allotments, the interested parties should contact the Department of Environment, Water and Natural Resources to ensure relevant requirements under the Natural resources Management Act 2004 are met. Further, a permit is required from the Department for any work to be carried out on a well or new wells to be drilled. For further information contact the Department on 8595 2053 or visit: http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permits-forms.

g) Any fencing required to identify allotment boundaries should avoid the unnecessary removal of native vegetation and disturbance of soil, to minimise the risk of soil erosion and subsequent impacts on water quality through increases in siltation, nutrient loading and turbidity.

h) If there is an intention to clear native vegetation on the land at any time, the applicant should consult the Native Vegetation Council to determine relevant requirements under the Native Vegetation Act 1991 and its Regulations which may include the provision of a Significant Environmental Benefit. Note that ‘clearance’ means any activity that could cause any substantial damage to native plants, including cutting down and removing plants, burning, poisoning, slashing of understorey, removal of branches, drainage and reclamation of wetlands, and in some circumstances grazing by animals. For further information contact the Native Vegetation Council on telephone 8303 9777 or visit: http://www.nvc.sa.gov.au

i) The Native Vegetation Council has requested that the final Scheme Description specifies that the common property is to be used by the owners of the community lots and their invitees for recreational purposes only. Furthermore, the scheme Description directs active management of weeds and pests and/or supplementary replanting to ensure enhancement of the natural assets and minimisation of disturbance of flora and fauna.

j) The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, 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 in which causes or may cause environmental harm.

k) EPA information sheets, guidelines documents, codes of practice, technical bulletins etc,can be accessed on the following website: http://www.epa.sa.gov.au

Mr G.D. Parsons / Mrs R.L. Centofanti CARRIED

http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permits-forms

http://www.environment.sa.gov.au/licences-and-permits/water-licence-and-permits-forms

http://www.nvc.sa.gov.au/

http://www.epa.sa.gov.au/


MOTION (RRDAP 239/16): That Council write to the Development Assessment Commission advising that the Riverland Regional Development Assessment Panel suggests that the Commission, in considering the Scheme Description prior to approval, be satisfied that intent of the comments of the Native Vegetation Council are met.

Mr G.D. Parsons / Ms J Lewis CARRIED

Item 10.2 Development Application 551/D017/15 – Voumard

Application No: 551/D017/15


Relevant Authority: District Council of Loxton Waikerie

Applicant: Mr Russell Vormard (Anderson Surveyors)

Owner: Russell & Sandra Voumard, Matthew & Christina Stasinowsky

Description of development: Land division (boundary realignment)

Property details: Sections 117 and 394 Hundred of Pyap, Pontt Road, Pyap

MOTION (RRDAP 240/16):: That the Regional Development Assessment Panel resolves to determine to proceed with an assessment pursuant the Development Act 1993 and Regulation 17(3)(b) of the Development Regulations 2008.

Messrs M Chown / M Zeppel CARRIED

Item 10.3 Development Application 551/306/15 – Moorook and Kingston on Murray Community Association

Application No: 551/306/2015


Relevant Authority: District Council of Loxton Waikerie

Applicant: Moorook and Kingston on Murray Community Association

Owner: The Crown, under care and control of DC Loxton Waikerie

Description of development: 13 metre x 7 metre x 2.4 metre curved roof BBQ shelter

Property details: Section 567, Hundred of Moorook, Moorook Riverfront, Kingston Road, Moorook, Scenic Drive Loxton, as contained in Crown Record Volume 5747 Folio 63

MOTION (RRDAP 241/16):

1. The Riverland Regional Development Assessment Panel determines that development application 551/306/15 is not seriously at variance with the DC of Loxton Waikerie Development Plan.

2. The Riverland Regional Development Assessment Panel grants Development Plan Consent to Development Application 551/306/15 to construct a 13 metre x 7 metre x 2.4 metre curved roof shelter over the existing BBQ’s at Section 567, Hundred of Moorook, Moorook waterfront, Kingston Road, Moorook, subject to the following conditions: 2.1 The development shall be undertaken in accordance with the supporting documentation

and plans relating to Development application 551/306/2015, except as modified by any conditions attached to this Decision Notification.

2.2 That the sides of the structure herein approved must not be enclosed with any solid cladding or doors.


The following conditions are attached at the direction of the Minister for the River Murray: 2.3 During any demolition and construction activities the subject land must be managed in a

manner as to prevent erosion and pollution of the site and the environment, including keeping the area in a tidy state and ensuring any waste materials are appropriately contained to ensure no pollutants (including excavation or fill material) enter the River Murray system.

2.4 Any fill material brought to the site must be clean and not contaminated by construction or demolition debris, industrial or chemical matter, or pest plant or pathogenic material.

2.5 Any excavation or fill material surplus to the requirements of the development must be disposed of such that it will not:

a) be located within the 1956 floodplain: b) adversely impact native vegetation; c) impede the natural flow of any surface waters; d) allow sediment to re-enter any water body; e) facilitate the spread of pest plant and pathogenic material.

2.6 Any exposed areas created or exacerbated during the works must be appropriately stabilised to minimise the potential for erosion and the entry of sediment into the River Murray. Revegetation with locally indigenous species or the use of geosynthetic materials may assist in complying with this condition.

2.7 Appropriate measures must be undertaken to minimise water quality impacts during works on or near the riverbed. The use of a silt curtain, coffer dam or similar may assist in complying with this condition.

Notes

The applicant is advised of their general duty of care under the River Murray Act 2003 to take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities.

The proposed shelter has been determined to impact on Crown land being Section 567, being a portion of land comprised in Crown Record Volume 5747 Folio 63. The development is proposed to occur on land dedicated to the District Council of Loxton Waikerie for recreational purposes. No new development work may be commenced on the land unless the Minister first consents to the same in writing. If the dedication of the land is revoked or withdrawn from the care and management of the Custodian, the minister may direct the Custodian to remove from the land all fixtures and improvements that are the property of the Custodian at the Custodian’s cost. If the District Council intend to grant an interest to a third party they are required to consult with the Crown Lands Program before entering any agreements to determine the necessary approvals. Council authorisation should be sought by the applicant before commencing any development. Native Title is suppressed whilst under the dedication and therefore notification is not required.

The applicant is advised that prior to the clearance of any native vegetation on the land they should consult with the Native Vegetation Council to confirm that all requirements under the Native Vegetation Act 1991 and its Regulations are met, which may include a Significant Environmental Benefit. Note that ‘clearance’ means any activity that could cause any substantial damage to native plants, including cutting down and removing plants, burning, poisoning, slashing of understorey, removal or trimming of branches, severing roots, drainage and reclamation of wetlands, and in some circumstances grazing by animals. For further information contact the Native Vegetation Council on 8303 9741 or visit: http://www.nvc.sa.gov.au

The applicant is strongly encouraged to incorporate locally indigenous species into any landscaping, screen planting or revegetation activities at the site to enhance the natural character of the locality, stabilise soils and provide habitat for native species. For

http://www.nvc.sa.gov.au/


information on appropriate species to be planted please contact State Flora at Bremer Road, Murray Bridge on telephone 8539 2105, or within Belair National park on telephone 8278 7777 or visit: http://www.environment.sa.gov.au/our-places/state_Flora

The River Murray and many of its tributaries and overflow areas have abundant evidence of Aboriginal occupation and Aboriginal sites, objects or artefacts may be present on the subject land (eg. scarred trees, campsites, burial sites, middens, etc). Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act.

This approval does not obviate any considerations that may apply to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). For further information visit: http://www.environment.gov.au/epbc

Mr M Chown / Mrs R.L. Centofanti CARRIED

Item 10.4 Development Application 753/092/15 – Major Ventures Pty Ltd

Application No: 753/092/15 (753/I002/15)

Council Renmark Paringa Council


Applicant: Major Ventures Pty Ltd

Owner: Vessel – Matthew Majors Wharf – DEWNR (licensed to Council)

Description of development: Consent to use Renmark Town Wharf for the permanent mooring (change of use) of the Murray River Queen for the following purposes: tourism accommodation (25 cabins), café / restaurant, food and wine experiences (cellar door) and casual recreational areas.

Property details: Renmark Town Wharf – Adjacent section 1465 Murray Avenue, Renmark

MOTION (RRDAP 240/16):

1. The Riverland Regional Development Assessment Panel determines that Development Application 753/092/15 (753/L002/15) is NOT seriously at variance with the Renmark Paringa Council Development Plan.

2. The Riverland Regional Development Assessment Panel determines to grant concurrence of the Riverland Regional Development Assessment Panel pursuant to Section 35(3) of the Development Act 1993, subject to the following reserve matter, conditions and notes:

RESERVED MATTERS 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:

1.1 Provision of a detailed carpark layout plan - comprising the final design of the Rowing Club Lane carpark (including the provision of lighting, management of stormwater, line marking, signage etc).

http://www.environment.sa.gov.au/our-places/state_Flora

http://www.environment.gov.au/epbc


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 following plans submitted in Development Application No 753/L002/15:

Plans and Documentation: Site Location Plan - PD 001A dated 26.10.2015 Elevation and Streetscape View - PD-003A dated 26.10.2015 Deck Levels - PD-002A dated 28.8.2015 MFY - Proposed Carpark - Rowing Club Lane - MFY 15-0247_01B dated 16.10.2015 MFY - Car Turn Around within Aisle - MFY 15-0247_01_SH01 dated 16.10.2015 MFY - Rowing Club Vehicle Access - MFY 15-0247_01B_SH02 dated 16.10.2015 Letter to EPA from Major Ventures - dated 19 October 2015 Statement of Effect - Planning and Development Answers – updated August 2015 Project and Planning Report - Development Answers - dated August 2015 Letter from MFY to DAC - Traffic and parking - dated 31 August 2015 Response to Representations - Development Answers - dated 28 October 2015 Letter from Mike Tweedie - Survey of the Murray River Queen - dated 10 October 2015 Letter from Lawrie Commercial Diving - dated Monday 5 October 2015 Letter from Development Answers to DAC - dated 1 September 2015 Letter from Renmark Paringa Council to applicant - dated 3 August 2015

Additional information Letter from Matthew Major to DAC dated 6 January 2016 Email from George Manos to David Altmann dated 23 December 2015 Schedule and details of external renovation works Photomontage – External finishes and materials Photomontage – permanent mooring – Renmark Town Wharf Service infrastructure locations – Drawing PD002A – dated 5.1.2016

2. Prior to the operation of the development from the Renmark Town Wharf, an all weather

pedestrian access path shall be established between the public carpark on Rowing Club Lane and the Renmark Town Wharf to facilitate the movement of pedestrians to and from the wharf and carpark. The pedestrian path shall be established in accordance with Council requirements - including the provision of appropriate wayfinding signage and low-scale lighting fixtures.

3. That the applicant, or any other person with the benefit of the approval, will pay the Renmark Paringa Council the sum of $15,000 in lieu of car parking being provided to service the development. The monetary contribution shall be paid via instalments, with five annual payments of $3000, commencing from 1 July 2016.

4. The development shall not operate from the Renmark Town Wharf until all sewerage, electrical and water service infrastructure has been installed, tested and connected to the Murray River Queen in accordance with Council and stage agency requirements (SA Health, DEWNR and EPA).

5. The Murray River Queen shall not be used for itinerant worker or backpacker accommodation when moored at the Renmark Town Wharf.

6. No amplified music shall be used on the Murray River Queen at any time. 7. The design and installation of all berthing and gangway structures shall comply with

Australian Standard AS 4997-2005: Guidelines for the Design of Maritime Structures. 8. The Murray River Queen shall be inspected out of the water and the hull condition and

thickness verified by an AMSA Accredited Marine Surveyor prior to being moored at the


Renmark Town Wharf. 9. All Council, utility or state-agency maintained infrastructure that is demolished, altered,

removed or damaged during the establishment of the development shall be reinstated to Council, utility or state agency specifications. All costs associated with these works shall be met by the proponent.

10. All external lighting affixed to the Murray River Queen shall be installed and operated 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.

11. The final design of the Rowing Club Lane carpark shall ensure that all carparking and manoeuvring areas conform to the Australian/New Zealand Standard for off-street carparking; AS/NZS 2890.1:2004 Off-Street carparking; and AS/NZ 2890.6: 2009 Off-Street parking for people with disabilities.

12. The Rowing Club Lane carpark shall be sealed and line-marked with an all-weather surface and drained in accordance with recognised engineering practices to the reasonable satisfaction of Council.

13. All trade waste and other rubbish shall be stored in covered containers prior to removal from the Murray River Queen and shall be kept screened from public view on the vessel.

14. External mechanical and service equipment (i.e. air conditioning and exhaust systems) installed to the Murray River Queen shall be located within designated plant areas (as detailed by the approved deck plans) and where required, shall be appropriately screened and attenuated to comply with requirements under the Environment Protection (Noise) Policy 2007.

15. A wayfinding and carparking plan shall be developed and published (including online) that enables guests and patrons of the Murray River Queen to locate and access the Rowing Club Lane carpark, or when fully occupied, alternative car park locations within the Renmark Town Centre.

16. That prior to the operation of the development, a final service and waste management plan for the delivery of goods and the collection of waste shall be provided to the reasonable satisfaction of Council.

Renmark Paringa Council conditions 17. The colour and finishes of all external building work shall be sympathetic to the visual

amenity of the waterfront location. 18. Flashing, intermittent, changing colour or rotating lights must not be displayed and any

advertising must be in accordance with Council’s Development Plan. 19. The vessel shall be cleaned and maintained so it remains in good repair at all times to the

reasonable satisfaction of Council. 20. Waste shall be contained and disposed of in a manner to the reasonable satisfaction of

Council. 21. The full length of the Renmark Town Wharf shall be made accessible to pedestrians at all

times. 22. The short and long term storage of goods (perishable and non-perishable) in relation to

the vessel shall not be permitted on the Renmark Town Wharf. 23. The weight of any vehicles permitted on the Town Wharf will be subject to a structural

engineer’s determination or assessment prior to Development approval. 24. All dining activities and the consumption of drinks that are purchased on the vessel shall

be confined to the vessel at all times. 25. The Murray River Queen shall be positioned and moored on the Renmark Town Wharf not

less than 30 metres to the south of the Rowing Club boat ramp with the bow facing in a north direction.


Environment Protection Authority - directed condition 26. The Murray River Queen must be maintained in accordance with the Maintenance Plan

provided in the letter from Major Ventures dated 19 October 2015.

Minister for Water and the River Murray - directed condition 27. During the development, the area must be managed in a manner as to ensure no

pollutants enter the River Murray system.

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 authorisation will lapse if not commenced within 12 months of the date of this Notification.

c. 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.

d. The applicant is reminded of its general environmental duty, as required by Section 25 of the Environment Protection Act, to take all reasonable and practicable 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.

e. The applicant is advised that once the Murray River Queen has been permanently moored at Renmark, the EPA may inspect wastewater infrastructure from the vessel to the permanent connection point to confirm compliance with the Code of Practice for Vessel and Facility Management (Marine and Inland Waters) and the Environment Protection (Water Quality) Policy 2003. The Code of Practice is available at http://www.epa.sa.gov.au/xstd_files/Water/Code%20of%20practice/vessels.pdf

f. EPA information sheets, guidelines documents, codes of practice, technical bulletins etc can be accessed on the following web site: http://www.epa.sa.gov.auSuch 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.

g. The applicant is advised of their general duty of care under the River Murray Act 2003 to take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities.

h. The River Murray and many of its tributaries and overflow areas have abundant evidence of Aboriginal occupation and Aboriginal sites, objects or artefacts may be present on the subject land (eg. scarred trees, campsites, burial sites, middens, etc). Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act.

i. Prior to the commencement of any works, Renmark Paringa Council will be required to seek the approval of the Minister for Sustainability, Environment and Conservation in the form of an amendment to Licence to Occupy RL053957 to enable continued occupation of the Crown land, pursuant to the Crown Land Management Act 2009. For further information please contact the Department of Environment, Water and Natural Resources

http://www.epa.sa.gov.au/xstd_files/Water/Code%20of%20practice/vessels.pdf

http://www.epa.sa.gov.au/


(Berri office) on telephone 8595 2119 and quote reference DEWNR 11/5655, or visit:

http://www.environment.sa.gov.au/Conservation/Land/Crown_lands j. This approval does not obviate any considerations that may apply to the Environment

Protection and Biodiversity Conservation Act 1999 (Cth). For further information visit: http://www.environment.gov.au/epbc.

k. In regards to Condition 3, whilst the development is located on the Renmark Town Wharf, carparking areas that will service the development are located within the District Centre Zone. Where a development does not meet the required carparking provision for the intended use and/or activities proposed, contributions can be made to a designated carparking fund. In accordance with that designation, the relevant authority has determined that sufficient car parking to meet the operational needs of the development is unable to be satisfactorily provided on the site and it is more appropriate that a payment of $15,000 be made into the Council’s car parking fund. This equates to approximately 37 carparks.

l. The applicant is advised that the site of the development (and subject of this development authorisation) is located within a designated area under the River Murray and Crown Lands Indigenous Land Use Agreement (RM ILUA) which was registered on 16 May 2012. This agreement requires the Development Assessment Commission or the Minister for Planning to notify the First Peoples of the River Murray and Mallee Region of any decision within 15 business days and advise the applicant of the following matters

(a) that it is an offence under the Aboriginal Heritage Act 1988 to damage, disturb or interfere with any Aboriginal Sites, Objects or Remains; and

(b) that it is a requirement to comply with the duty of care established pursuant to the River Murray Act 2003 (SA); and

(c) that the First Peoples are responsible for undertaking Heritage Surveys in the ILUA Area.

If you require further any information on the River Murray and Crown Lands Indigenous Land Use Agreement (RM ILUA) you are advised to contact: South Australian Native Title Services Ltd, Level 4, 345 King William Street, Adelaide, South Australia 5000.

Mr G.D. Parsons / Ms J. Lewis CARRIED ITEM 11 OTHER BUSINESS: ITEM 12 NEXT MEETING: The next meeting of the Panel is scheduled for 10 March 2016. ITEM 13 CLOSE: 2.25pm Date: ,2016 Signed

Mr BG Ballantyne

http://www.environment.gov.au/epbc

ITEM 5 BUSINESS ARISING FROM THE MINUTES: ITEM 6 DECLARATION OF INTEREST BY MEMBERS OF PANEL: ITEM 7 HEARING OF REPRESENTATIONS: Mr Loffler has requested to be heard in respect of Item 8.1.

Ms Thiel will be present to respond. ITEM 8 REPORTS: Item 8.1 Development Application 551/303/15 – Wendy-Anne Thiel 1 Item 8.2 Development Application 753/010/15 – Peter Hammond 11

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council Agenda for a meeting of the Riverland Regional Development Assessment Panel, to be held Thursday 11 February 2016.

Page 1

Item 8.1 Development Application 551/303/15 – Wendy-Anne Thiel

Application No: 551/C006/15



Applicant: Wendy-Anne Thiel

Owner: Kym & Wendy-Anne Thiel, Craig Thiel

Description of development: Storage shed and keeping of three horses

Property details: Allotment 5 DP26180, Hundred of Waikerie, 165 Virgo Road, Ramco

Lodgement date:

Zone / Policy Area: Primary Production Zone (Horticulture Policy Area)

Development plan provisions: Loxton Waikerie Council Development Plan – Consolidated 25 July 2013, Map LoWa/27

Referrals / Agency consultations: DEWNR – River Murray and Native Vegetation

Public notification category Category 3, merit

Recommendation: To grant Development Plan Consent, subject to conditions

Officer: Graham MacInnes

File reference:

Attachments: Appendix A - application details, plans and associated reports Appendix B – representations Appendix C – applicant’s response Appendix D – DEWNR response

PROPOSED DEVELOPMENT

The applicant seeks Development Plan Consent for a storage shed, horse keeping and associated ancillary infrastructure:-

Keeping of up to three horses

Associated fencing and landscaping

16.0 metre x 5.0 metre x 3.1 metre shed (4 bays).

A 2 metre high pre-colour treated steel fence is proposed 6 metres in from the western (Mr Loffler’s) boundary with the remainder to be post and wire to a height of 1.2 metres – gates are also proposed to allow for machinery and access.

The applicant has indicated that one bay of the shed will be used for the storage of hay. A second lockable bay will be for riding equipment and feed, while the remaining two bays will be a shelter area for the horses where the will have access to feed and water. These bays will have separate yards measuring 4 metres x 4 metres made from water pipe that will enable the horses to be locked up at night, especially if they have been prepared for competition the next day.

Activities associated with the horse keeping would primarily occur during daylight hours between 7.00am to 6.00pm, unless in exceptional cases, i.e. if a horse were sick.

No staff are proposed to be employed – activities would be undertaken by the applicant residing on the land in the existing dwelling.

Please refer to Appendix A for a full copy of the application plans; applicant’s planning report and other relevant information and documentation.


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SUBJECT LAND AND LOCALITY

The subject land is owned by Kym & Wendy Thiel and Craig Thiel, and described in Certificate of Title 5413/598, as Lot 5 in Deposited Plan 26180, Hundred of Waikerie and has an area of 5.298 hectares. The land is generally known as 165 Virgo Road, Ramco.

The subject land is located approximately four kilometres to the west of the Waikerie Township at Ramco within a horticultural district.

Image 1: Locality plan. Subject land outlined in blue.

The subject land is planted to citrus, except for pasture associated with the keeping of horses, and is generally flat/gently undulating land. A dwelling and associated outbuildings are located near the Virgo Road frontage. The locality surrounding the subject land generally comprises of horticulture activities and associated dwellings/buildings.

Access to the site is gained via Virgo Road – providing good interconnectivity to the local road network.


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AGENCY REFERRALS

The application was subject to a referral to DEWNR (under Schedule 8 of the Development Regulations 2008) for the shed as the property is in the River Murray referral area.

DEWNR have advised the storage shed and the keeping of up to three horses may be approved, but have directed that five conditions be attached to any approval. They have also recommended that ten notes be attached to any approval.

PUBLIC NOTIFICATION

The application was considered a category 3 form of development in the zone, and was publicly notified in accordance with the Act and Regulations. One representation was received, raising the following concerns:

Compliance with Development Plan

Impact on amenity

Noise, odour, dust and general management issues

A copy of the representation is contained in Appendix B. A copy of the applicant’s response to the representation is contained in Appendix C.

The planning matters relating to the representation are considered in the assessment.

DEVELOPMENT PLAN ASSESSMENT

The subject land is located in the Primary Production Zone (Horticulture Policy Area).

Zoning

River Murray Flood

Primary Production Horticultural Policy Area

Township

River Murray Fringe zone

Image 2: Zoning Map. Subject land outlined in red.

The application has been assessed under the following sub-headings.

Subject Land


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Land use

Animal Keeping Module

Objective 1

Principle of Development Control 3, 5, 7

Orderly and Sustainable Development Module

Objective 1, 3, 4

Principle of Development Control 1, 2

Primary Production Zone

Objective 1, 3, 5

Principle of Development Control 1

Horticulture Policy Area

Objective 1, 4


Horse keeping is defined in Schedule 1 of the Development Regulations 2008 as:

horse keeping means the keeping or husbandry of horses where more than 1 horse is kept

per 3 hectares of land used for such purposes or where hand feeding of a horse is involved

Horse keeping is not a form of intensive animal keeping in accordance with Schedule 1 of the Regulations.

Horse keeping is a merit form of development in the Primary Production (Horticulture Policy Area) Zone – that is, it is not a complying or non-complying form of development.

The Development Plan (Principle of Development Control 1) envisages the following uses in the Primary Production Zone (Horticulture Policy Area):-

dwelling associated with envisaged forms of development

farming

horticulture

light industry and service industry associated with the processing, packaging and distribution of produce

small-scale tourist development in association with wineries, farms and heritage places

wind farms and ancillary development

wind monitoring mast and ancillary development.

As detailed in the Desired Character Statement, the Primary Production Zone comprises of the agricultural areas that underpin the regions rural economy, primary consisting of general farming, grazing and horticulture with associated rural based industry, services and facilities. The Horticulture Policy Area is an area primarily


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for horticultural activities – and to limit the intrusion of non-horticultural uses that would prejudice the long term objective of the Policy Area.

Whilst not specifically envisaging horse keeping in PDC 1, the Horticulture Policy Area does contemplate that some non-horticultural activities could occur, as itemised in PDC 1 above.

The Policy Area also provides a guideline for grazing of animals at a rate of one animal per hectare; vide Principle of Development Control 6, noting that this PDC speaks of grazing and does not specifically relate to where hand feeding might occur. When applying PDC 6 for the 3 horses that are proposed to be kept permanently on the land, it would comply if the whole of the land was considered, however the majority of the land will be retained for horticulture purposes and only a small 2500 square metre area for the keeping of the horses – although they would have full use of the land when being ridden.

Importantly, the yard areas (paddocks 2 and 3 approximately 1500 square metres) comply with the guiding provisions described in the Animal Keeping module for horse keeping with regard to dimensions (requiring 15 square metres per animal per holding yard – standing only; and 35 square metres per animal per holding yard (working only). A further 1200 square metres (paddock 1) is to be used for grazing the animals as well as riding when not riding in other areas of the farm or district.

The proposed development involves some growing of grasses for pasture management and for the grazing of animals, consistent with the range of activities associated in a rural area.

Importantly, the proposed activity would not prevent or prejudice the continuation of farming/horticulture on adjoining land – and the keeping of horses would not prevent the future opportunity for the subject land to be returned to horticulture at some point into the future.

Summary

In terms of ‘land use’, the proposed development generally accords with the relevant Development Plan provisions – and does not offend relevant provisions to a degree to support a refusal.

Impact on environment and amenity

Animal Keeping Module

Objective 2

Principle of Development Control 1, 2, 5, 6

Hazards Module

Objective 1


Interface between Land Uses Module

Objective 1, 2

Principle of Development Control 1, 2, 5, 7, 8

Landscaping, fences and walls Module


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Objective 1, 2


Natural Resources Module

Objective 1, 3, 10

Principle of Development Control 1, 2, 9, 10, 26, 38


Objective 1, 3

Siting and Visibility Module


The stocking rate for animals and holding yard sizes for horses are consistent with that envisaged by the Development Plan. The subject land is not located within 50 metres of a watercourse or on land with a slope of greater than 1:10, as prescribed by the provisions in the Animal Keeping module of the Development Plan.

The land has an existing water license, water allocation and associated irrigation infrastructure for the application of water for all-year pasture control.

The applicant proposes to collect manure daily from the yards and weekly from the paddocks – and would be disposed off-site on a weekly basis. Based on the applicants proposed manure management (refer application details), and having regard to the separation distance of adjoining dwellings (complying with the 30 metre separation distance in PDC 5 of the Animal Keeping module), the size of the subject land and the nature of the locality, the impact from odour is not anticipated to be significant. The owner will also have a duty/obligation to undertake development that does not breach provisions of the Environment Protection Act 2001, the General Environmental Duty and relevant Environment Protection Policies. These provisions relate to all property owners and their duty of care to not cause environmental harm or nuisance.

Landscaping is proposed to further assist with screening, privacy and wind control.

The Council has also had regard to the DPTI guidelines for the keeping of horses, titled “Guide for Applicants – Horse Keeping 2002, which provides general guidelines relating to the management and operation of horse keeping activities.

Summary

The proposal meets the general provisions of the Development Plan relating to the environment and amenity.

Infrastructure

Infrastructure Module

Objective 1, 4



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Transportation and Access Module

Objective 2

Principle of Development Control 2, 13, 22, 29, 30, 32, 39

Waste Module

Objective 1


The proposed development has access to required services – power, water, public roads, telecommunications, and waste management.

The primary source of water for pasture management is via an existing water license.

As the horses are for the use/enjoyment of the owners of the property, the existing access/egress is considered adequate for on site parking and the parking of horse floats. and is located well away from neighbouring boundaries.

The management of wash down water from horses and equipment is proposed onsite with any overflow to be directed to landscape areas – manure disposal has been outlined in particular detail in the application details and is considered appropriate for the scale and nature of the activity.

Summary

The proposal meets the general provisions of the Development Plan relating to the provision of infrastructure.

CONCLUSION

Based on the assessment outlined, the proposed development is not considered to be seriously at variance with the Development Plan – and having regard to the pros and cons, when assessed against the Development Plan (and having regard to the accompanying management details), the proposed development warrants approval.


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RECOMMENDATION 1 The Riverland Regional Development Assessment Panel determines that pursuant to Section 35(2)

of the Development Act, Development Application 551/303/15 is not seriously at variance with the Loxton Waikerie Development Plan.

2 The Riverland Regional Development Assessment Panel, pursuant to Section 33 of the Development Act, determines to grant Development Plan Consent to Development Application 551/303/15 by Wendy-Anne Thiel, for a 4 bay, 16 metre x 5 metre storage shed, the keeping of three horses and ancillary infrastructure at Lot 5 D26180, 165 Virgo Road, Ramco, subject to the following conditions: Council Conditions

1. Development is to take place in accordance with the supporting documentation and plans relating to Development Application Number 551/303/15, except as modified by any conditions attached to this Decision Notification, specifically:

2. Stormwater shall be retained on site and be managed in a manner as to prevent erosion or pollution of the site and be diverted away from wastewater disposal areas and buildings.

3. That the landscaping shown on the plans forming part of the application shall be established within 6 months of the date of consent, and shall be maintained and nurtured at all times with any diseased or dying plants being replaced.

The following conditions are attached at the direction of the Minister for Water and the River Murray: 4. During construction activities the property must be managed in a manner as to prevent

erosion and pollution of the site and the environment, including keeping the area in a tidy state and ensuring any waste materials are appropriately contained to ensure no pollutants (including excavation or fill material) enter the River Murray system.

5. Any fill material brought to the site must be clean and not contaminated by construction or demolition debris, industrial or chemical matter, or pest plant or pathogenic material.

6. Any excavation or fill material surplus to the requirements of the development must be disposed of such that it will not:

a) be located within the 1956 floodplain: b) adversely impact native vegetation; c) impede the natural flow of any surface waters; d) allow sediment to re-enter any water body; e) facilitate the spread of pest plant and pathogenic material.

7. Stormwater run-off from the storage shed must be managed to prevent erosion or pollution of the site and the environment, and diverted away from wastewater disposal areas, such as septic tanks and aerobic systems. Connection to a water storage tank would assist in complying with this condition.

8. All horse manure must be collected, treated as necessary and disposed of in a manner which ensures that the nutrients and salt levels in the soil profile do not pose a threat to soil condition, native vegetation (including grasses) or surface water and groundwater resources.

Council notes

The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by Council.

You are 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


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by the Council.

Separate approvals will be required for any ancillary structures or horse shelters/stables associated with the development.

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 practicable measures to ensure that the activities on the whole site do not pollute the environment in a way which causes or may cause environmental harm.

The following notes are attached at the recommendation of the the Minister for Water and the River Murray: 1. The applicant is advised of their general duty of care under the River Murray Act 2003 to

take all reasonable measures to prevent any harm to the River Murray through his or her actions or activities.

2. If the applicant wishes to use water (other than for firefighting purposes) from the River Murray Prescribed Watercourses or wells, they may be required to apply to the Department of Environment, Water and Natural Resources for a water licence, pursuant to the Natural Resources Management Act 2004. Further, a permit is required from the Department for any work to be carried out on a well or for new wells to be drilled. For further information contact the Department on 8595 2053 or visit: http://www.environment.sa.gov.au/licences-and-permits/water-licence-and permit forms

3. The applicant may seek best practice guidance from the ‘Horse, Land and Water Management Guidelines’ (available at: http://www.horseslandwater.com).

4. Any deceased horse or carcasses should be removed immediately upon discovery and transported to an appropriate off-site disposal/rendering works and must not be buried on site.

5. Management of seasonal wet areas within the subject land may be achieved through identifying seasonally wet areas, restricting horse access to those areas when wet and considering ways to improve the condition of these areas.

6. Farm management practices including protocols for livestock in respect to hoof, float and vehicle cleaning, should be undertaken to prevent the spread of declared pest plants. A list of declared Plants in South Australia can be found at: http://www.pir.sa.gov.au/biosecuritysa/nrmbioseurity/weeds.

7. The River Murray and many of its tributaries and overflow areas have abundant evidence of Aboriginal occupation and Aboriginal sites, objects or artefacts may be present on the subject land (eg. scarred trees, campsites, burial sites, middens, etc). Under section 20 of the Aboriginal Heritage Act 1988 (the Act), an owner or occupier of private land, or an employee or agent of such an owner or occupier, must report the discovery on the land of any Aboriginal sites, objects and remains to the Minister responsible for the administration of the Act, as soon as practicable, giving the particulars of the nature and location of the Aboriginal sites, objects or remains. It is an offence to damage, disturb or interfere with any Aboriginal site or damage any Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere with a site or object, authorisation of the activity must be first obtained from the Minister under Section 23 of the Act. Penalties may apply for failure to comply with the Act.

8. If there is an intention to clear native vegetation on the land at any time, the applicant should consult with the Native Vegetation Council to determine relevant requirements under the Native Vegetation Act 1991 and its Regulations, which may include a Significant Environmental Benefit. Note that ‘clearance’ means any activity that could cause any substantial damage to native plants, including cutting down and removing plants, burning,


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poisoning, slashing of understorey, removal or trimming of branches, severing roots, drainage and reclamation of wetlands, and in some circumstances grazing by animals. For further information contact the Native Vegetation Council on 8303 9741 or visit: http://www.nvc.sa.gov.au

9. The applicant is encouraged to incorporate locally indigenous species into any landscaping, screen planting or revegetation activities at the site to enhance the natural character of the locality, stabilise soils and provide habitat for native species. For information on appropriate species to be planted please contact State Flora at Bremer Road, Murray Bridge on telephone 8539 2105, or within Belair National park on telephone 8278 7777 or visit: http://www.environment.sa.gov.au/our-places/state_Flora

10. This approval does not obviate any considerations that may apply to the Environment Protection and Biodiversity Conservation Act 1999 (Cth). For further information visit: http://www.environment.gov.au/epbc


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Item 8.2 Development Application 753/010/15 – Peter Hammond

Application No: 753/010/15

Council Renmark Paringa Council

Relevant Authority: Renmark Paringa Council

Applicant: Peter Hammond

Owner: Peter Hammond

Description of development: A change of land use to the quakers barn to permit tourists/workers and construction of disabled toilets.

Property details: 312 Renmark Avenue, RENMARK SA 5341

Lodgement date: 19 December 2014

Zone / Policy Area: Residential

Development plan provisions: Renmark Paringa Council Development Plan consolidated 21 February 2013

Referrals / Agency consultations: Nil

Public notification category

Recommendation: Refusal

Officer: Sharon Jardine

File reference: A2234

Attachments: Development Application Form

Decision Notification Form (753/054/06)

Section 84 Enforcement Notice dated 25 June 2014

Correspondence from Council to Mr Hammond dated 27 June 2014

Correspondence from Council to Mr Hammond dated 19 February 2015

Decision Notification Form (753/010/15)

Letter from Kelledy Jones to Mr Hammond dated 2 October 2015

ERD Court Order dated 5 November

Email correspondence dated 18 December 2015

Copy of Certificate of Title

PROPOSED DEVELOPMENT:

The application is for the change of land use to the “Quakers Barn” to permit tourists/workers and construction of disabled toilets (Attachment 1).

BACKGROUND:

The “Quakers Barn” was approved on a previous application (753/054/06) as a lodging house for Mr Hammond and staff on 20 March 2007. This was in conjunction with a group dwelling to be used for backpacker accommodation (Attachment 2).

The application was substantially commenced with the construction of the “Quakers Barn”/lodging house. The development was not completed and several extensions were sought. While there was conjecture when the last extension was given when an inspection of the property was undertaken in June 2014 by Council’s Town Planner, Building Surveyor and Environmental Health Officer the original application had lapsed.

A Section 84 Enforcement Notice (Attachment 3) was placed on the property by Council’s Building Surveyor dated 25 June 2014. This Enforcement Notice still remains on the property.


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The applicant was notified in writing (Attachment 4) on 27 June 2014 that application 753/054/06 had lapsed and to proceed with any further development would require a another application to be submitted.

Through various discussions with the applicant regarding the enforcement action undertaken by Council and an application (753/010/15) covering the breaches on the land was lodged on 19 December 2014. Subsequently amended plans were lodged on 30 January 2015.

A further information request was sent t/o the applicant on 10 February 2015 pursuant to section 39(2) of the Act with four (4) issues regarding:

Landscaping;

Signage;

Disabled toilets; and

The management of the accommodation.

A response was sent by the applicant later on 10 February 2015 providing:

Signage details;

The hours of operation and management of the site;

An amended plan showing further landscaping and the location of the disabled toilet.

On 19 February 2015 the Council wrote to the applicant (Attachment 5) explaining it was not satisfied with the proposed landscaping. The letter contained some suggestions for screening plants however the applicant rejected those suggestions. Further queries were made by the applicant regarding the landscaping. On 26 June 2015 Council refused the application on the basis that the request for further information was not complied with within three (3) months (pursuant to section 39(3)(b) of the Act) (Attachment 6).

The applicant lodged an appeal on 26 June 2015 with the ERD Court. This appeal was allowed and the refusal of the Development Application was quashed 5 November 2015 and remitted to the Council to determine the application on its merits (Attachment 7).

Once again Council communicated (Attachment 8) to the applicant outlining the need for further landscaping details. The applicant has not responded to the Council therefore the application has been assessed on the information at hand.

SUBJECT LAND:

The subject land is situated at 312 Renmark Avenue, RENMARK SA 5341 (CT5778/696) (Attachment 9).

The land is rectangular in shape, with a total area of 2887.4m². The natural topography of the land appears relatively flat.

The subject land is occupied by a “Quakers Barn”/dwelling, shed, bus and various cars.

The locality is in the Residential Zone with dwellings at the rear of the subject land, the front of the land adjoins Renmark Avenue, which is the main arterial road through Renmark. The other two sides of the property are currently vacant. This particular area is seen as an entry way into the main area of Renmark once you have come off the Bookmark Creek Bridge. Council have sought to improve the general appearance of the area and a significant redevelopment of the Black Bottle Distillery (former Remano site) is currently underway.


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Photos taken across the road from the subject land

Subject Land


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Subject Land

REFERAL AGENCY CONSULTATION: Nil

PUBLIC NOTIFICATION: Nil

PLANNING ASSESSMENT:

Impact on Amenity

Residential Zone

Obj 4

PDC 4 & 14

General Section (Design and Appearance)

PDC 10 & 13

General Section (Residential Development)

PDC 1(b)

The proposed development and the information supplied do not reinforce the objectives and principles of development control in relation to the amenity of the subject land or the proposed development. Roses and annuals are not adequate screening plants and the later proposed trees are not identifiable by the name given and the proposed location of the trees is not acceptable for screening purposes.


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Landscaping

General Section (Landscaping, Fences and Walls)

Obj 1

PDC 1 & 2

The landscaping information given by the applicant has been minimal. The information that has been supplied fails to improve the amenity of the land and enhance the development to a reasonable standard.

The lack of landscaping combined with vehicle movement on and off the property also has the potential to create dust movement and this may have an affect on neighbouring properties and the Highway located at the front of the property.

Vehicle Parking

General Section (Transportation and Access)

PDC 32, 33, 34(j), 39, 40, 41

The proposed development has indicated an area where cars shall park. However no landscaping has been indicated to reduce heat loads during summer, to assist with storm water detention and enhance the amenity of the parking area. The Development Plan states that “…vehicle parking areas should include soft (living) landscaping at the rate of 10 per cent of the area used for car parking”.

There is no information in regard to how the parking area shall be sealed and marked in accordance with Australian Standard AS 2890 Parking Facilities and an indication of specifically marked disabled car park.

CONCLUSION:

When assessed against the relevant provisions of the Development Plan and having regard to the context of the locality and the nature of the proposed development, it is considered that the proposal is at variance with the relevant provisions of the Development Plan and lacks sufficient information to conduct a rigorous assessment of the proposed development.

The landscaping that is proposed does not enhance the amenity of the subject land or the proposed development.

Accordingly, it is recommended that Development Plan Consent be refused.


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RECOMMENDATION:

1. The Riverland Regional Development Assessment Panel determines that Development Application 753/010/15 is not seriously at variance with the Renmark Paringa Council Development Plan.

2. The Riverland Regional Development Assessment Panel determines to refuse Development Plan Consent to Development Application 753/010/15 for the following reasons:

The limited landscaping details of the proposed development would not enhance the amenity of the subject land or proposed development, contrary to the following Development Plan provisions:

- Objective 4 and Principle of Development Control 4 & 14 of the Residential Zone) and;

- Principle of Development Control 10 & 13 of the General Section (Design and Appearance) and;

- Principle of Development Control 1(b) of the General Section (Residential Development) and;

- Objective 1 and Principle of Development Control 1 & 2 of the General Section (Landscaping, Fences and Walls) and;

- Principle of Development Control 32, 33, 34(j), 39, 40, 41 of the General Section (Transportation and Access).


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ITEM 9 OTHER BUSINESS: ITEM 10 NEXT MEETING: ITEM 11 CLOSE:

Riverland Regional Development Assessment Panel Meeting ... · Commission that it concurs with the decision to approve Development Application 551/C006/15 by ... report the discovery

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