9 July 2015

AGENDA ITEM 3.1

Officer: Alison Collins and Jason Bailey

Development Division

Department of Planning, Transport & Infrastructure

TABLE OF CONTENTS

PLANNING REPORT PAGES

AGENDA REPORT 2-23

APPENDIX 1 - DEVELOPMENT PLAN PROVISIONS 24-70

ATTACHMENTS

ATTACHMENT A - ZONE AND OVERLAY MAPS 71-74

ATTACHMENT B – APPLICATION FORM AND TITLES 75-78

ATTACHMENT C – APPLICATION PLANS 79-98

ATTACHMENT D – PLANNING STATEMENT 99-127

ATTACHMENT E – ENVIRONMENTAL NOISE ASSESSMENT REPORT 128-140

ATTACHMENT F – WIND IMPACT REPORT 141-155

ATTACHMENT G – RESPONSE TO REQUEST FOR FURTHER INFORMATION LETTER 156-162

ATTACHMENT H - TRANSPORT LETTER FROM GTA 163-165

ATTACHMENT I – GOVERNMENT ARCHITECT REFERRAL LETTER 166-167

ATTACHMENT K – ADELAIDE AIRPORT ACKNOWLEDGEMENT EMAIL 168-170

9 July 2015

IMDAC AGENDA ITEM 3.1

Application Summary

Application No: 020/A007/15

KNET Reference: #9447804

Applicant: KT18 PTY LTD

Proposal: Demolition of the existing building and construction of a 22 level

mixed use building comprising retail, hotel and residential land

uses with ancillary rooftop terrace

Subject Land: 157 Waymouth Street, Adelaide

Relevant Authority: Inner Metropolitan Development Assessment Committee of the

Development Assessment Commission - Pursuant to Schedule 10

4B (1) – development within the Corporation of the City of

Adelaide exceeding $10 million.

Zone / Policy Area: Capital City Zone

Public Notification: Category 1

Lodgement Date: 19 January 2015

Development Plan: Adelaide (City) Development Plan - Consolidated 30 October 2014

Referral Agencies Government Architect, Adelaide Airport

Assessment Officer Alison Collins and Jason Bailey

Recommendation: Development Plan Consent

Subject to a reserve matters and conditions

EXECUTIVE SUMMARY

The applicant seeks to demolish the existing two storey commercial building and construct a

22 level mixed use building comprising retail, hotel and residential land uses with an ancillary

roof-top terrace at 157 Waymouth Street, Adelaide.

The subject site is within the Capital City Zone and, by overlooking Light Square, takes on

increased importance in the city context.

The proposed development is aligned with the desired character for the Capital City Zone by

featuring a mix of land uses within a high-scale building configured in a way that will increase

the vibrancy of the City, enhance the Waymouth and Morphett Street pedestrian environments

and contribute to an increased City population.

Whilst the proposed development does not achieve design excellence, it is considered that its

form and appearance is acceptable and will make a positive contribution to the emerging

character of development located in the vicinity of Light Square. This is particularly so given

the constraints associated with the modular construction technique to be employed.

The functionality of the proposal is sufficiently consistent with relevant Development Plan

policy. Key to this is the limited service nature of the hotel component of the proposed use

(this being the dominant component).

It is recommended that the proposal be granted planning consent subject to reserved matters

and conditions.

9 July 2015

ASSESSMENT REPORT

1. BACKGROUND

In March 2012, there was a significant review of the City’s planning policies. The new policy

framework moved towards a city form that aligned with the directions of the 30-Year Plan for

Greater Adelaide and sought to create a more active and vibrant city.

2. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS.

The proposal includes the demolition of the existing two storey commercial building and the

construction of a 22 level mixed use building consisting of the following elements:

Description of Proposal

Land use 180 hotel rooms

170m2 commercial space

24 residential apartments

Building height Overall building height of 73 metres (22 levels)

Description of levels Basement:

Commercial (96m2)

Hotel services (149 m2)

Plant

Ground Floor:

One retail tenancy - potential cafe fronting Waymouth

and Morphett Streets (74m2)

Hotel lobby (107m2)

Residential entrance lobby and mail box area (25m2)

Transformer

Bicycle store (24 parks)

Waste room (27m2)

Visitor parking – 5 parks on Morphett Street frontage

First to fifteenth floors:

Twelve hotel rooms per level

Sixteenth to twenty first floor:

Four one-bedroom residential apartments per level

Roof-top:

Terrace communal garden and plant.

Site Access There is no on-site vehicle access. It is proposed that the

existing crossover into the subject land be closed and converted

into an additional on-street car park space.

Encroachments The canopies will encroach 1.5m over both Morphett and

Waymouth Streets.

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3. SITE CONTEXT AND LOCALITY

3.1 Site Description

The subject site is located on the north-east corner of Waymouth Street and Morphett Street

and is described as follows:

Lot No Plan Street Suburb Hundred CT Reference

3 DP 12460 Waymouth Street Adelaide Adelaide 5921/700

The subject land comprises a total site of 482m2. It is relatively flat with no particular gradient.

The site is currently occupied and built to all boundaries by an existing two storey commercial

building with a basement. This basement raises the ground floor some 500mm above the

natural ground level. This building has a small tower element comprising of an additional

storey in height. The existing building is primarily of painted masonry construction.

Currently this existing basement is used for training and education purposes. The remainder of

the building is vacant but has previously been used for a restaurant. There are three street

trees located on the Morphett Street frontage.

The subject land contains a vehicle crossover to Morphett Street but has no on-site car

parking.

3.2 Locality

The subject land is bounded by Waymouth Street and Light Square to the north and Morphett

Street to the west. To the immediate south is an existing two storey building with a shared

right of way laneway giving access to allotments to the east. Further south (at 176-186

Morphett Street) is the 16 level Vision apartment building currently under construction. The

locality to the east is influenced by a range of multi-storey buildings which have been

constructed in various styles and range from three to eight stories. On the opposing side of

Morphett Street to the west exists a single storey commercial building, an at-grade car park

and a multi-storey mixed use building.

Overall the locality is predominately commercial and residential development with a range of

built form typologies.

Figure 1 - Site Location

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Figure 2: View of the subject site, corner of Morphett and Waymouth Streets

(Supplied by the applicant)

Figure 3: View of the subject site, looking east along Waymouth Street

(Supplied by the applicant)

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Figure 4: View of the subject site, looking south-west (Supplied by the applicant)

Figure 5: View from the subject site, looking north-east (Supplied by the applicant)

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4. REFERRALS

Referral responses are contained in the ATTACHMENTS.

4.1 Government Architect

The Government Architect is a mandatory referral in accordance with Schedule 8 of the

Development Regulations 2008. This proposal did not go through the Prelodgement Service

and participate in the design review panel process.

In summary, the Government Architect supports the mixed use nature of the proposal, the

distinction between the expression of the hotel and residential components of the proposal and

the expression of the principal (western) facade system but has reservations about:

the expression of the proposed podium and modelling of the lower levels

the useability of apartment balconies

The content of the Government Architect’s response to the referral is discussed in detail in the

body of this report. Refer to ATTACHMENT I for a copy of the referral letter.

4.2 Adelaide Airport Limited (AAL)

The AAL is a mandatory referral body in accordance with Schedule 8 of the Development

Regulations, 2008 and has power of direction on the decision and any conditions.

At the time of writing this report no formal response from AAL had been received. This

response is now overdue - which has been acknowledged by AAL (refer ATTACHMENT K).

During the course of the assessment the Airside Operations Manager of AAL advised that an

airspace study into the potential effects of the proposed building on airport operations was not

necessary due to the building being shielded by the nearby Westpac Building.

It is recommended that any consent granted to the proposal be the subject of a reserved

matter regarding compatibility with the operations of AAL. Whilst it is expected that AAL will

confirm compatibility, a reserved matter provides protection against the event that they do

not.

5. TECHNICAL ADVICE

5.1 Adelaide City Council

Adelaide City Council’s administration was informally consulted on the proposal, specifically

with regard to traffic and access (as far as that may impact on Council’s assets), waste

management and the encroachment of the proposed terrace and canopy into Council land.

Council is currently considering the request from the applicant to close the existing vehicular

crossover and replace this with an additional on-street loading zone parking space. This is

subject to a separate approval process.

Council’s Administration has advised that they support the proposed waste management plan

and encroachments.

Council’s comments are discussed in detail in the body of this report.

6. PUBLIC NOTIFICATION

The application is a Category 1 form of development and as such no notification is required.

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7. POLICY OVERVIEW

The relevant provisions of the Development Plan are provided within APPENDIX A.

The subject site is located within the Capital City Zone of the Adelaide (City) Development

Plan (Consolidated 30 October, 2014). Refer to Figure 6 below.

The proposal is neither complying nor non-complying and must therefore be assessed on its

merits against all relevant provisions of the Development Plan.

Figure 6: Zoning Map

The desired character and policies for the Capital City Zone seek the following key outcomes

for the subject site and its environs:

high scale development with high street walls that frame the streets

an increase in residential density, activity, employment and pedestrian movement

active non-residential land uses at ground level and medium to high density residential

at upper levels

a high level of pedestrian amenity and interest at ground level, together with positive

activation and passive surveillance of the public realm

a high standard of architectural design and detailing with quality materials and finishes

to reflect the importance of the zone

buildings built to street edges and the re-enforcement of the grid pattern of the city.

The Council Wide provisions for City Living and Medium to High Scale/Serviced Apartment

provide guidance regarding:

diversity of housing

dwelling functionality and amenity (through private open space, minimum apartment

sizes, access to natural light and ventilation and outlook and effective design)

development should not unreasonably impact upon adjoining sites in terms of scale,

bulk, overlooking or overshadowing. The scale of development should be appropriate

to either that envisaged within the desired character statement for the site or the

existing and established character of the locality.

Relevant planning policies are contained in the concluding appendices and relevant zoning

maps are in the ATTACHMENTS.

SUBJECT LAND

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8. PLANNING ASSESSMENT

The following elements are considered to be of the most relevance to the assessment of the

proposal against the development Plan.

8.1 Numerical Assessment

Table 1 below outlines the numerical assessment of the proposal against key development

plan policies.

Table 1: Numerical assessment

PROPOSED DP GUIDELINE SATISFIED

Land use Ground retail use, together with

22 floors of hotel apartment

living above and a rooftop

terrace and communal facilities

Supported by desired character

for the Zone and Policy Area

√

Yes

Height 22 level building with an overall

height of 76.12m

53 metres but meets over

height provisions and is

protected by the Westpac

Tower (in terms of airport

impact)

√

Yes

Refer

assessment

Setbacks A number of windows and

terraces within 3m of adjoining

site boundaries.

Habitable room windows,

balconies, roof gardens,

terraces or decks set-back 3m

from adjoining site boundaries

to provide an adequate level of

amenity and privacy and to not

restrict the reasonable

development of adjacent sites.

X

Refer

assessment

Unit Size Apartment facing west at

47.6m2 and apartments facing

south/north are 48.8m2 (The

shortfall ranges 1.2 and 2.4m2

percent)

1 bedroom apartment 50m²

Minor

departure

Refer

assessment

Open Space

(private

and

communal)

The north and south facing

apartments have 6.8m2

balconies (1.18m2 short-fall).

Only 1.8m in depth. The west

facing apartments have 7m2

balconies (1m2 short -fall). Only

1.5m depth. Roof-top terrace

communal space is offered.

1 bedroom apartment 8m²

with 2 metre depth

Minor

departure

Refer

assessment

Storage 8 m2 of storage space within

each apartment is provided.

Some external space is provided

i.e. 5 cubic metres of storage

provided within the common

areas at each residential level –

to be shared between the four

apartments per level.

1 bedroom apartment 8m3

50% of storage provided

outside the apartment

√

Yes

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PROPOSED DP GUIDELINE SATISFIED

Car parking None provided No minimum or maximum

prescribed for the zone

√

Yes

Bicycle

Parking

24 spaces for resident and

commercial tenant use within

dedicated ground floor bicycle

storage room. 5 racks on street

for visitor use.

Total: 29 bicycle parks

29 parks sought:

24 for residents

3 for residential visitors

1 for retail tenancy

visitors

1 for retail employees

√

Yes

8.2 Land Use

The proposal provides for activated (restaurant/cafe) land use along both the Waymouth and

Morphett Street ground floor frontages as sought by the Capital City Zone. The high density

residential development at the upper levels is also desired within the Capital City Zone. Hotels

are an envisaged land use in the Capital City Zone.

8.3 Building Height

With a proposed height of 76.12 metres the proposal exceeds the 53 metre height limit shown

within Concept Plan CC/1 for the Capital City Zone (refer to Figure 7 below). However as the

subject site is located adjacent Light Square it meets the Capital City Zone provision (PDC 19

(a) (ii)) which allows buildings to rise above stated height limits, provided it secures approval

from Adelaide Airport Limited (AAL). AAL has advised that this building would be shielded by

the existing Westpac Building but formal approval from the Civil Aviation Safety Authority

(CASA) and Airservices Australia is still forthcoming. This is therefore the subject of a

reserved matter.

Figure 7: Except from Concept Plan Figure CC/1 (Adelaide City Council Development Plan)

Subject Land

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8.4 Built Form and Streetscape

The Capital City Zone and Council Wide provisions seek design excellence and appropriate

composition and proportion in new development. Key policies include Capital City Zone

Objectives 5, 7 & 8 and PDC 6 and the Council Wide Built Form and Townscape provisions.

The desire for the re-enforcement of the grid pattern of the city, enclosure of the Squares and

definition of the city boulevards and key corner sites is expressed throughout the Development

Plan including Council Wide PDC 219 that specifically concerns development adjoining the

Squares. This is augmented by PDC 16 of the zone, which provides that buildings fronting the

Squares should reinforce their enclosure “with a continuous built-form with no upper level set-

backs”. Council wide PDC 190 also provides specific guidance for new development at major

corner sites.

Refer to Figure 8 below for a 3D perspective of the proposed building.

The Government Architect has provided the following advice:

A two storey podium is expressed on the western elevation and part of the northern elevation. While I support the mix of uses, the current expression of the podium is not yet convincing. Opportunities exist to achieve a more unified approach and I recommend reconsideration of modelling of the lower levels of the proposed building.

The proposed hotel overlooks Light Square and I am of the view that the success of any

development of this scale on this site is contingent on a generous and high quality contribution to the streetscape and to the City. To which end I recommend further development of the

expression of the ground floor.

It is evident that the Government Architect believes improvements could be made to aspects

of the building design. However as the project did not go through the pre-lodgement/design

review process, these views were not able to be addressed pre lodgement of the application.

The applicant is aware of the views of the Government Architect and has elected not to make

any further modifications to the building design. It remains therefore to form an opinion on

alignment of the proposal in this respect with the relevant provisions of the Development plan,

notwithstanding a different process may have resulted in a different built form.

Having considered all the relevant provisions of the Development Plan, and reviewing the

substance of the Government Architect’s advice, whilst it is acknowledged that a “better”

design solution may exist, the overall design and composition of this proposed building is

considered sufficiently in alignment with the Development Plan for the following reasons:

it abuts and addresses both street frontages

it establishes an architectural form on the corner

it defines and encloses Light Square with a continuous building edge notwithstanding

relief in portion of the Light Square façade from the northern site boundary

it provides ground floor activities that support the public use of Light Square

it provides a podium appearance to the western frontage and part of the northern

frontage for human scale.

The range of materials consist of colourback glass, aluminium cladding, glazed curtain walling

and aluminium horizontal louvers which the Government Architect supports. However, the

Government Architect has advised that more detailed information about the materials and

finishes be requested from the applicant and this has been recommended as a reserved

matter.

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Figure 8: 3D Perspective of the proposed development (supplied by the applicant)

Overall, the development is considered to be of an acceptable built form and design quality

and will add to the emerging character of development located in the vicinity of Light Square.

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8.5 Activation

The Development Plan, within the Capital City Zone and Council Wide ‘Crime Prevention

Through Urban Design’ and ‘Active Street Frontages’ sections, seeks a number of outcomes at

the ground level, including:

active and engaging uses, that ideally provide activity into the evening

passive surveillance over the public realm

high degree of detailing and interest in ground floor facades and uses

entrances to residential development that are clearly legible

incorporation of CPTED principles particularly around the entrances to residential

development.

The proposal is considered to satisfy the above requirements as it has been designed to

overlook the street and public places from both the ground and the first floor terrace. Clear

sightlines into and out of the entrance foyer area are available to residents and visitors, with

the hotel and pedestrian entrances being clearly legible within the overall design of the

building. Ideally this would be more generous, especially in comparison to the entrance

provided to the hotel patrons but it is considered to be in the acceptable range.

The proposed restaurant/cafe tenancy on the Waymouth Street and Morphett Street corner will

provide a suitable active frontage. The canopies along both street frontages and the

landscaping proposed at the first floor terrace level will improve the level of pedestrian interest

and amenity.

8.6 Interface Impacts

Consideration has been given to the potential impacts that may arise from the proposed

development upon adjoining properties and the locality generally by way of overlooking,

overshadowing and visual impact of the bulk and scale of the development.

The applicant has provided shadow diagrams for the proposed building. These identify that

the proposed building will not overshadow Light Square as it is located to the south of this

open space. The proposed building will overshadow adjacent residential apartment buildings

but only either in the morning or the afternoon. This is considered to be within the acceptable

range.

The proposal does not meet Council Wide PDC 68 that seeks a minimum setback of three

metres for habitable room windows, balconies, decks, etc from common boundaries to provide

an adequate level of amenity and privacy and to not restrict the reasonable development of

adjacent sites. Specifically:

all hotel rooms and apartments on the eastern side of the proposed building have

windows which are only approximately 300mm off the eastern site boundary

the southern-most hotel rooms and apartments feature habitable rooms with windows

that are only approximately 300mm off the southern site boundary

terraces at the south-eastern and south-western corners of the first level of the

proposed building are only approximately 300mm from adjoining sites.

The applicant is aware of these departures but has elected not to amend the proposal. The

applicant advises this is due to the fact the building is using pre-fabricated modular

construction methods and for reasons discussed below.

The subject windows are all to be fixed within the respective elevations and cannot be opened.

This mitigates their impact on the development potential of adjacent sites.

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At approximately 500mm wide, the windows within the eastern elevation are relatively minor.

The hotel rooms and apartments containing these windows do not rely upon them for light or

ventilation – these all have either north or south facing windows that will be their primary

source of light and ventilation. For these reasons, these windows are considered acceptable.

With respect to the windows and terraces on the southern elevation that depart from Council

Wide PDC 68, the applicant asserts that the development potential of the site adjoining to the

south is already significantly constrained by its size (it has a width / frontage to Morphett

Street of 15 metres) which is compounded by a 3.05 metre free and unrestricted right of way

against its northern boundary.

It is noted that the right of way within the site adjoining to the south is presently built over at

level 1 - refer Figure 9 below:

Figure 9: View of 159 Waymouth St and adjacent right of way

In this light, whilst the development potential of the site adjoining to the south may indeed be

constrained, it is not considered that these constraints warrant complete dispensation from

Council Wide PDC 68.

To address this issue, it is recommended that any consent be subject to the following a:

condition requiring that the subject windows within the southern elevation consist of

translucent glass

Right of way belonging to the

adjacent property

Subject site

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a reserved matter requiring reconfiguration of the south-eastern and south-western

terraces such that they do not permit hotel patron access to a point within 1.5m of the

southern edge of the proposed building for example through the use of landscaping.

It is considered the above conditions will strike an appropriate balance in the subject context.

With respect to the terrace at the north-eastern corner of the proposed level 1, the applicant

asserts that the development potential of the site adjoining to the east is so constrained as to

prevent construction of a building of a similar scale to that proposed and the subject of this

report.

The site adjoining to the east is approximately 11.6 metres wide and strata titled. The

building occupying it is constructed to the shared boundary. It is considered that, like the

existing building, any redevelopment of this site will seek to occupy the entirety of the width –

which would demand construction of a blank wall against the shared boundary. For this

reason it is considered that the north-eastern terrace within at the first level of the proposed

building is acceptable.

8.7 Residential and hotel room amenity

There are a number of specific relevant policies regarding apartment amenity within the

Adelaide (City) Council Development Plan in the areas of:

provisions for useable private open space

minimum unit sizes

sufficient level of outlook from living areas

access to natural light and ventilation.

The proposal is for 24 one-bedroom apartments which all have direct access to private open

space from an internal living area in accordance with PDC 61. As shown in the table above, all

balconies are below the minimum size in depth and overall size which affects their usability.

However there is a large communal terrace on the roof-top and Light Square is immediately

adjacent which helps negate this short fall in private open space. It is therefore important that

the roof-top terrace located on level 22 is well designed to secure that it is sheltered from the

wind and has appropriate landscaping features. Further detail about this communal space is

recommended as a reserved matter.

All of the apartments meet the required minimum storage areas required under PDC 82. The

residents will also have access to some storage space located externally to the apartments as

a total of 5m2 will be available in the central passage way on each residential floor.

All the proposed apartments have appropriate levels of access to natural light and ventilation.

Overall, the amenity of the apartments is supportable.

There is limited development plan guidance on hotel rooms but it is noted that the glass

doorways and bathroom windows of adjacent hotel rooms will directly overlook each other.

The applicant has addressed this issue through the use of translucent glazing in the bathroom

windows. This is considered acceptable.

It is also noted that the first floor terraces at the north-western and south-western corners of

the proposed building abut the bedroom windows of the adjacent hotel rooms. This issue has

partly been addressed through the use of translucent glazing in the affected bedroom windows

to prevent overlooking. However, this does not address potential issues (such as users of the

terraces banging on these windows) creating annoyance and discomfort. This issue could be

addressed by the inclusion of a barrier of some type or removal of these windows, therefore a

reserved matter is recommended on this matter.

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8.8 Wind Impact

The proposed building will be significantly taller than existing buildings in the vicinity of the

subject site. The Development Plan seeks that the wind impact of tall buildings (over 21

metres) be mitigated.

A wind assessment report has been prepared by Mlei consultants (refer to ATTACHMENT F).

Key findings are:

it is not expected that the proposed development will generate any wind conditions that

are in excess of safety criterion

it is expected that, at ground level, wind conditions will (following construction of the

proposed building) be within acceptable criteria for walking, standing and sitting

expect that facade system (this has changed since this report) on the upper levels and

the canopies on the found floor to reduce the wind impact on footpath level

at the roof top terrace area, wind barriers such as high level glass panels, perforated

screen panels or rows of trees of appropriate species area recommended along the

perimeters. Loose furniture and fitting items will need to be tied to the main structure in

terraces and balconies.

As discussed above under section 7.7, a condition is recommended regarding the wind

mitigation design of the roof-top terrace.

8.9 Transport and Access

The applicant has provided a Traffic Assessment letter prepared by GTA Consultants

(ATTACHMENT H).

No on-site car parking is proposed for this development. This is considered acceptable as the

Capital City Zone does not seek provision of on-site car parking for any of the three use

proposed.

Table Adel/6 Bicycle Parking Provisions seeks a total of 27 bicycle parks for the residential

component and 2 for the restaurant/cafe component. The applicant has provided a total of 24

bicycle parks within the dedicated bicycle parking area and five on-street for visitors. The

required bicycle parking provision is therefore met.

Servicing of the development (for waste management and other commercial purposes such as

laundry collection and cafe food delivery) will occur on-street from the Morphett Street

frontage. The applicant is seeking to close the existing vehicular cross-over and convert the

on-street space created by this into an additional loading zone. This proposal – which will be

subject to a separate approval process conducted by Council that comprises public consultation

– has been commenced. Council’s Administration has advised it is considering moving the

current loading zone adjacent the south-eastern corner of the subject site further to the south

to provide it with additional separation from the Morphett Street and Waymouth Street corner

(which experiences significant traffic flows by virtue of Morphett Street being one of the main

thoroughfares through Adelaide). If this arrangement is ultimately approved by Council, this

would result in the location of three parking spaces located outside the building. If it does

not, the proposed development will still have access to two on-street parking spaces

immediately in front of the subject site and use of an existing loading zone located further

south of the site.

The hotel component of the proposal, which is the dominant use, will be a limited service hotel

with no room service or in-house food and beverage – thereby involving reduced waste pick-

up and delivery requirements compared to those associated with a full service hotel. Also, the

applicant believes that the nature of patronage of the hotel will be such that it is likely that

9 July 2015

many patrons will arrive by taxi or walk to the site from the nearby air port bus drop-off/pick-

up locations. The proposed cafe on the ground floor is also intended to be a limited service

model.

Overall the proposed servicing and bicycle parking is considered to be acceptable.

8.10 Noise

The proponent has provided an environmental noise assessment report by Sonus (refer

ATTACHMENT E). In line with the relevant development plan policy, this considers potential

noise impacts upon the building from existing noise sources within the locality (such as nearby

road and entertainment venues) as well as noise impacts from the development upon

adjoining land and future occupants.

The Sonus Report provides preliminary recommendations regarding incorporation of glazing

treatments and other acoustic measures to ensure occupants are provided an appropriate level

of acoustic amenity. It further provides that these be reviewed as the project progresses to

the detailed design stage. This is a standard approach in this context.

It is noted that numerous residential developments have recently been approved within the

locality and that much of the balance of land use within the locality is shifting in a residential

direction (via a marked increase in the number of dwellings – through, for example, the

Altitude Development to the south-west and the currently being constructed View Apartments

directly south of the subject site). In this light there is confidence that the proposal can satisfy

relevant acoustic standards – as well as the Environment Noise Protection Policy. For this

reason, it is recommended that any consent granted for the proposal be subject to a condition

requiring incorporation of elements within the detailed design of the proposal.

8.11 Waste Management

Principles of Development Control 102 and 103 seek a dedicated area for on-site collection and

sorting of refuse and recyclable materials within all new development. Large sites should

provide dedicated area for onsite waste storage, with commercial waste management

contracts in place.

The applicant has provided waste management information within their Planning Statement

(ATTACHMENT D) that addresses these matters and has responded to advice provided by

Council. The applicant has advised that the waste bins will not be stored on the street for

collection and instead will be picked up and returned to the ground floor central waste room by

a private contractor. The timing of these movements is such that it is considered the potential

for conflict with other potential users of the loading zones is low.

In the above light it is considered that the proposal is sufficiently consistent with relevant

policies regarding management of waste.

8.12 Affordable Housing

All of the apartments within this proposal are one-bedroom apartments without a car park

which may ultimately be marketed and sold for an amount beneath the current legislated

affordable housing price point ($304,000). Notwithstanding this, the applicant has chosen not

to enter into a formal affordable housing agreement with Renewal SA. Strictly speaking, the

proposal is not therefore consistent with relevant policies relating to affordable housing

provision (including the affordable housing overlay – which provides dispensation from policies

regarding dwelling amenity for affordable housing components of a development).

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8.13 Site Contamination

The proposed development will be built to all site boundaries. This limits the likelihood of the

proposal creating pathways between potential contaminants within soil for example and

receptors (users of the land).

The above being the case, the primary site contamination risks to be managed are those to do

with construction activities (such as disturbance of sub-surface soil and groundwater

contaminants). This is compounded by the proposal involving the excavation of a complete

basement (currently it is a half basement, raising the ground floor level by some 500mm

above natural ground level).

To manage these risks it is recommended that any consent granted the proposal be the

subject of a condition requiring the preparation of a construction environment management

plan prepared in accordance with the Environment Protection Authority guidelines regarding

site contamination.

8.14 Sustainability

A range of features are incorporated into the proposed development to provide adequate

thermal comfort for occupants whilst minimising the need for energy use. These are:

façade designs that permit entry of direct sunlight in winter months but not in summer

months

solar screens to be installed on the western façade

windows and doors that open to enable natural ventilation.

A range of additional features aimed at reducing the need for energy use are to be considered

for incorporation during detailed design.

9. CONCLUSION

As detailed in the above assessment, the proposal is largely consistent with the relevant policy

contained in the Adelaide (City) Development Plan. The proposal departs from relevant policy

regarding affordable housing, apartment size, private open space, on-site waste pick-up and

some design policy guidance. However, these departures are considered to be of a minor

nature and therefore not warranting refusal of planning consent. For this reason, it is

recommended that the proposal be granted planning consent with the reserved matter and

conditions.

RECOMMENDATION

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

the Development Plan.

2. RESOLVE to grant Development Plan Consent to the proposal by KT18 Pty Ltd for the

‘Demolition of the existing building and construction of a 22 level mixed use building

comprising retail, hotel and residential land uses with ancillary rooftop terrace’ at 157

Waymouth Street, Adelaide, subject to the following reserved matters and conditions

of consent.

Reserved Matters

Pursuant to Section 33(3) of the Development Act 1993, the following matters are reserved for

further assessment, to the satisfaction of the Development Assessment Commission, prior to

the granting of Development Approval.

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1. The potential impact of the proposal upon the operation of Adelaide airport and

associated approval from the Department of Infrastructure and Regional Development.

2. Reconfiguration of the south-eastern and south western terraces in such a way that they

do not permit hotel patron access to a point within 1.5m of the southern edge of the

proposed building.

3. Provision of appropriate privacy and amenity to the northern-most hotel room on the

proposed first floor, from the adjacent terrace.

Planning Conditions:

General

1. 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, as submitted in Development Application

2015/02057/01 including:

Drawings /Plans by Intro Architects received 15 June, 2015

Number Title Plan No.

SK00 Locality Plan 15/06/15

SK01 Site Plan 15/06/15

SK02 Demolition 15/06/15

SK09 Basement 15/06/15

SK10 Ground Floor Plan 15/06/15

SK11 Level 1 15/06/15

SK12 Level 2-9 15/06/15

SK13 Level 16 -21 15/06/15

SK14 Roof Plan 15/06/15

SK20 Shadow diagrams

SK50 Elevations 15/06/15

SK51 Elevations 15/06/15

SK52 Elevations 15/06/15

SK101 3D 12/06/15

SK102 3D 12/06/15

SK103 3D 12/06/15

SK104 3D 12/06/15

SK105 3D City Context 12/06/15

Materials

2. A final detailed schedule of proposed external material finishes shall be provided to the

reasonable satisfaction of the Development Assessment Commission.

3. All windows within the southern elevation that are within 1.0m of the southern site

boundary will consist of translucent glazing.

Acoustics

4. The acoustic attenuation measures recommended in the Sonus Report dated April 2015,

forming part of this consent, (or alternative solutions that provide a similar acoustic

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result or rating) have been fully incorporated into the building rules documentation. Such

acoustic measures shall be made operational prior to the occupation or use of the

development.

Wind

5. The applicant shall submit details of wind barriers (such as panels or appropriate

landscaping) to be installed to achieve walking, standing and sitting safety criteria within

the roof top terrace to the reasonable satisfaction of the Development Assessment

Commission.

Plant and equipment

6. Mechanical plant or equipment shall be designed, sited and screened to minimise noise

impact on adjacent premises or properties. The noise level associated with the combined

operation of plant and equipment such as air conditioning, ventilation and refrigeration

systems when assessed at the nearest existing or envisaged noise sensitive location in or

adjacent to the site shall not exceed:

a. 50 dB(A) during daytime (7.00am to 10.00pm) and 40 dB(A) during night time

(10.00pm to 7.00am) at the most affected residence when measured and adjusted

in accordance with the relevant environmental noise legislation except where it can

be demonstrated that a high background noise exists.

Construction and site works

Dilapidation

7. A Construction Environment Management Plan (CEMP) shall be prepared and

implemented in accordance with current industry standards – including the EPA

publication “Environmental Management of On-site Remediation” - to minimise

environmental harm and disturbance during construction. The management plan must

incorporate, without being limited to, the following matters:

a. air quality, including odour and dust

b. surface water including erosion and sediment control

c. soils, including fill importation, stockpile management and prevention of soil

contamination

d. groundwater, including prevention of groundwater contamination noise

e. occupational health and safety

f. confirmation that the site is fit for purpose in relation to potential soil and ground

water contamination

For further information relating to what Site Contamination is, refer to the EPA Guideline: 'Site

Contamination – what is site contamination?': www.epa.sa.gov.au/pdfs/guide_sc_what.pdf

A copy of the CEMP shall be provided to the Development Assessment Commission and

Adelaide City Council prior to the commencement of site works.

8. 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 to the satisfaction of the Development

Assessment Commission.

Landscaping

9. The applicant shall submit a detailed landscaping plan to the satisfaction of the

Development Assessment Commission prior to the issue of full Development Approval.

http://www.epa.sa.gov.au/pdfs/guide_sc_what.pdf

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10. The landscaping depicted on the plans shall be established prior to occupation and

maintained in good health and condition at all times to the reasonable satisfaction of the

Development Assessment Commission. Any dead or diseased plants or trees shall be

replaced forthwith to the reasonable satisfaction of the Development Assessment

Commission.

Lighting

11. Lighting to the underside of all canopies over the footpath shall be installed in

accordance with Adelaide City Council’s Lighting Policy and Guidelines prior to the

occupation or use of the Development. Such lighting shall be operational during the

hours of darkness at all times.

Advisory Notes:

General / Procedural

a) Any proposed works with the public realm adjacent to the site, including the installation

of street furniture, bicycle parking infrastructure and planting of street trees shall be

undertaken in consultation with Adelaide City Council.

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

development if unable to satisfy the conditions of approval.

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

this Development Plan Consent or Development Approval. 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. 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 (Ph: 8204 0300)

d) The development must be substantially commenced within three (3) years of the date of

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

Commission.

e) The applicant is advised that any act or work authorised or required by this Notification

must be completed within five (5) years of the date of the Notification unless this period

is extended by the Commission.

f) Any request for an extension of time must be lodged with the Statutory Planning Branch,

Department of Planning, Transport and Infrastructure, GPO Box 1815 Adelaide SA 5001,

prior to the time periods specified.

Environmental Duty

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) Any information sheets, guidelines documents, codes of practice, technical bulletins etc.

that are referenced in this response can be accessed on the following web site:

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

i) The emission of noise from the premises is subject to control under the Environment

Protection Act and Regulations, 1993 and the applicant (or person with the benefit of this

consent) should comply with those requirements

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

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Construction

j) The applicant must ensure there is no objection from any of the public utilities in respect

of underground or overhead services and any alterations that may be required are to be

at the applicant’s expense.

k) As work is being undertaken on or near the boundary, the applicant should ensure that

the boundaries are clearly defined, by a Licensed Surveyor, prior to the commencement

of any building work.

Local authority requirements

l) An Encroachment Permit will be separately issued for the proposed encroachment into

the public realm when Development Approval is granted. In particular your attention is

drawn to the following:

i. An annual fee may be charged in line with the Encroachment Policy.

ii. Permit renewals are issued on an annual basis for those encroachments that attract

a fee.

iii. Unauthorised encroachments will be required to be removed.

m) Improvements to the adjacent public realm areas, including proposals to reconfigure the

[insert text] require the approval of the Adelaide City Council and are not part of this

planning consent.

n) Pursuant to Regulation 74, the Council must be given one business day's notice of the

commencement and the completion of each stage of the building work on the site. To

notify Council, contact City Services on 8203 7332.

Airport

o) Any further proposed addition to the structure, including aerials, masts and vent/exhaust

stacks, must be subject to a separate assessment by the Commonwealth Department of

Infrastructure and Transport. Crane operations associated with construction shall be the

subject of a separate application. Adelaide Airport Limited requires 48 days prior notice

of any crane operations during the construction.

………………………………………………….

Alison Collins and Jason Bailey

Planning Officer

DEVELOPMENT DIVISION

DEPARTMENT OF PLANNING, TRANSPORT AND INFRASTRUCTURE

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APPENDIX 1: RELEVANT DEVELOPMENT PLAN POLICIES

CAPITAL CITY ZONE Desired Character This Zone is the economic and cultural focus of the State and includes a range of employment, community, educational, tourism and entertainment facilities. It is anticipated that an increased population within the Zone will complement the range of opportunities and experiences provided in the City and increase its vibrancy. The Zone will be active during the day, evening and late night. Licensed entertainment premises, nightclubs and bars are encouraged throughout the Zone, particularly where they are located above or below ground floor level to maintain street level activation during the day and evening. High-scale development is envisaged in the Zone with high street walls that frame the streets. However an interesting pedestrian environment and human scale will be created at ground floor levels through careful building articulation and fenestration, frequent openings in building façades, verandahs, balconies, awnings and other features that provide weather protection. In important pedestrian areas, buildings will be set back at higher levels above the street wall to provide views to the sky and create a comfortable pedestrian environment. In narrow streets and laneways the street setback above the street wall may be relatively shallow or non-existent to create intimate spaces through a greater sense of enclosure. In the Central Business Policy Areas, upper level setbacks are not envisaged. Non-residential land uses at ground floor level that generate high levels of pedestrian activity such as shops, cafés and restaurants will occur throughout the Zone. Within the Central Business Policy Area, residential land uses at ground level are discouraged. At ground level, development will continue to provide visual interest after hours by being well lit and having no external shutters. There will also be a rich display of art that is accessible to the public and contextually relevant. Exemplary and outstanding building design is desired in recognition of the location as South Australia’s capital. Contemporary juxtapositions will provide new settings for heritage places. Innovative forms are expected in areas of identified street character, referencing the past, but with emphasis on modern design-based responses that support optimal site development. Adelaide’s pattern of streets and squares The distinctive grid pattern of Adelaide will be reinforced through the creation of a series of attractive boulevards as shown on Concept Plan Figures CC/1 and 2. These boulevards will provide a clear sense of arrival into the City and be characterised by buildings that are aligned to the street pattern, particularly at ground level. Views to important civic landmarks, the Park Lands and the Adelaide Hills will be retained as an important part of the City’s charm and character. The City’s boulevards, terraces and Squares will be developed as follows: (a) North Terrace will be reinforced as an important pedestrian promenade and cultural boulevard that provides an important northern edge to the City square mile.

(b) King William Street will be enhanced as the City’s principal north-south boulevard and will be reinforced as the City’s commercial spine.

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(c) Grote Street-Wakefield Street will be enhanced as the City’s principal east-west boulevard and will be developed to provide a strong frame that presents a sense of enclosure to the street.

(d) East Terrace will be characterised by buildings that maximise views through to the Park Lands and provide a distinct City edge.

(e) West Terrace will be reinforced as the western ‘gateway’ to the City centre and will form an imposing frontage to the western City edge. Buildings will be constructed to the front and side boundaries, and designed to maximise views through to the Park Lands. Corner sites at the junctions of West Terrace and the major east-west streets will be developed as strongly defined visual gateways to the City. This will provide an imposing frontage to the western edge of the City, which comprises a mixture of commercial, showroom and residential development.

(f) Pulteney and Morphett streets are key north-south boulevards. A sense of activation and enclosure of these streets will be enhanced through mixed use development with a strong built form edge. Pulteney Street will include residential, office and institutional uses, and retail activities. These boulevards will become important tree-lined commercial corridors.

(g) Currie, Grenfell, Franklin and Flinders streets, as wider east-west boulevards provide important entry points to the City. Currie and Grenfell streets will become a key focus for pedestrians, cycling and public transport. These streets also provide long views to the hills as their closing vistas and these view corridors should remain uncluttered.

(h) Victoria, Hindmarsh and Light Squares will have a continuous edge of medium to high-scale development that frames the Squares and increases ground level activity.

The Zone also includes a number of Main Street areas, encompassing Rundle Mall, Rundle Street, Hindley Street and Gouger Street, which are envisaged to have a wide range of retail, commercial and community uses that generate high levels of activity. These areas will have an intimately scaled built form with narrow and frequent building frontages. These areas are shown on Concept Plan Figures CC/1 and 2. Minor streets and laneways will have a sense of enclosure (a tall street wall compared to street width) and an intimate, welcoming and comfortable pedestrian environment with buildings sited and composed in a way that responds to the buildings’ context. There will be a strong emphasis on ground level activation through frequent window openings, land uses that spill out onto the footpath, and control of wind impacts. Development in minor streets and laneways with a high value character will respond to important character elements and provide a comfortable pedestrian environment, particularly in the following streets: Gray, Leigh, Union, Chesser, Coromandel, Tucker, Cardwell, Kenton, Market, Ruthven, Cannon, Tatham, Benthem streets, Murrays Lane and Wright Court. A comprehensive, safe and convenient movement network throughout the City will develop, focusing on the provision of linkages on both public and private land between important destinations and public transport. A high quality system of bicycle or shared pedestrian and bicycle routes will be established within the Zone. OBJECTIVES General Objective 1: The principal focus for the economic, social and political life of metropolitan Adelaide and the State.

Objective 2: A vibrant mix of commercial, retail, professional services, hospitality, entertainment, educational facilities, and medium and high density living.

Objective 3: Design and management of City living to ensure the compatibility of residential amenity with the essential commercial and leisure functions of the Zone.

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Objective 4: City streets that provide a comfortable pedestrian environment.

Objective 5: Innovative design approaches and contemporary architecture that respond to a building’s context.

Objective 6: Buildings that reinforce the gridded layout of Adelaide’s streets and respond to the underlying built-form framework of the City.

Objective 7: Large sites developed to their full potential while ensuring a cohesive scale of development and responding to a building’s context.

Objective 8: Development that contributes to the Desired Character of the Zone.

PRINCIPLES OF DEVELOPMENT CONTROL

Land Use

1 The following types of development, or combinations thereof, are envisaged:

Affordable housing Aged persons accommodation Community centre Consulting room Convention centre Dwelling Educational establishment Emergency services facility Hospital Hotel Indoor recreation centre Licensed entertainment premises Library Motel Office Pre-school Personal service establishment Place of worship Serviced apartment Restaurant Residential flat building Student accommodation Shop or group of shops Tourist accommodation

2 Land uses that are typically closed during the day should be designed to maximise daytime and evening activation at street level and be compatible with surrounding land uses, in particular residential development.

3 Low impact industries should be located outside the Central Business Policy Area and have minimal off-site impacts with respect to noise, air, water and waste emissions, traffic generation and movement.

4 Development listed as non-complying is generally inappropriate. Form and Character 5 Development should be consistent with the Desired Character for the Zone.

Design and Appearance

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6 Development should be of a high standard of architectural design and finish which is appropriate to the City’s role and image as the capital of the State. 7 Buildings should present an attractive pedestrian-oriented frontage that adds interest and vitality to City streets and laneways. 8 The finished ground floor level of buildings should be at grade and/or level with the footpath to provide direct pedestrian access and street level activation. 9 Providing footpath widths and street tree growth permit, development should contribute to the comfort of pedestrians through the incorporation of verandahs, balconies, awnings and/or canopies that provide pedestrian shelter. 10 Buildings should be positioned regularly on the site and built to the street frontage, except where a setback is required to accommodate outdoor dining or provide a contextual response to a heritage place. 11 Other than in the Central Business Policy Area, buildings should be designed to include a podium/street wall height and upper level setback (in the order of 3-6 metres) that: (a) relates to the width of the street and achieves a suitable level of enclosure to the public realm; (b) provides a human scale at street level; (c) creates a well-defined and continuity of frontage; (d) gives emphasis and definition to street corners to clearly define the street grid; (e) contributes to the interest, vitality and security of the pedestrian environment; (f) maintains a sense of openness to the sky for pedestrians and brings daylight to the street; and (g) achieves pedestrian comfort by minimising micro climatic impacts (particularly wind tunnelling and downward drafts). 12 Buildings north of Rundle Mall, Rundle Street, Hindley Street and Gouger Street should have a built form that incorporates slender tower elements, spaces between buildings or other design techniques that enable sunlight access to the southern footpath. 13 Buildings, advertisements, site landscaping, street planting and paving should have an integrated, coordinated appearance and should enhance the urban environment. 14 Building façades should be strongly modelled, incorporate a vertical composition which reflects the proportions of existing frontages, and ensure that architectural detailing is consistent around corners and along minor streets and laneways. The Squares (Victoria, Hindmarsh and Light) 15 Outdoor eating and drinking facilities associated with cafés and restaurants are appropriate ground floor uses and should contribute to the vitality of the Squares and create a focus for leisure. 16 Buildings fronting the Squares should: (a) provide a comfortable pedestrian and recreation environment by enabling direct sunlight to a minimum of 75 percent of the landscaped part of each Square at the September equinox; and (b) reinforce the enclosure of the Squares with a continuous built-form with no upper level set-backs. The Terraces (North, East and West) 17 Development along the terraces should contribute to a continuous built form to frame the City edge and activate the Park Lands. 18 Development along North Terrace should reinforce the predominant scale and ‘City wall’ character of the Terrace frontage.

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Building Height 19 Development should generally be compatible with the overall desired city form and not exceed the maximum building height shown in Concept Plan Figures CC/1 and 2; unless it meets one or more of the following: (a) the proposed building is located in one of the following areas:

(i) fronting North Terrace, West Terrace or East Terrace and/or at the junction of two

City boulevards shown in Concept Plan Figures CC/1 and 2;

(ii) on an allotment with frontage to Light Square;

(iii) within 200 metres of a high concentration public transport route identified on Map

Adel/1 (Overlay 4); (b) the site area is greater than 1500 square metres and has side or rear vehicle access; (c) the development provides an orderly transition up to an existing taller building or prescribed maximum building height in an adjoining Zone or Policy Area; (d) the proposal incorporates the retention and conservation of a character building. 20 Development should have optimal height and floor space yields to take advantage of the premium City location and should have a building height no less than half the maximum shown on Concept Plan Figures CC/1 and 2, or 28 metres in the Central Business Policy Area, except where one or more of the following applies: (a) a lower building height is necessary to achieve compliance with the Commonwealth Airports (Protection of Airspace) Regulations; (b) the site is adjacent to the City Living Zone or the Adelaide Historic (Conservation) Zone and a lesser building height is required to manage the interface with low-rise residential development; (c) the site is adjacent to a heritage place, or includes a heritage place; (d) the development includes the construction of a building in the same, or substantially the same, position as a building which was demolished, as a result of significant damage caused by an event, within the previous 3 years where the new building has the same, or substantially the same, layout and external appearance as the previous building. Interface 21 Development should manage the interface with the City Living Zone or the Adelaide Historic (Conservation) Zone in relation to building height, overshadowing, massing, building proportions and traffic impacts and should avoid land uses, or intensity of land uses, that adversely affect residential amenity. 22 Development on all sites on the southern side of Gouger Street - Angas Street and adjacent to a northern boundary of the City Living Zone or the Adelaide Historic (Conservation) Zone should not exceed 22 metres in building height unless the Council Wide overshadowing Principles of Development Control are met. Movement 23 Pedestrian movement should be based on a network of pedestrian malls, arcades and lanes, linking the surrounding Zones and giving a variety of north-south and east-west links. 24 Development should provide pedestrian linkages for safe and convenient movement with arcades and lanes clearly designated and well-lit to encourage pedestrian access to public transport and areas of activity. Blank surfaces, shutters and solid infills lining such routes should be avoided. 25 Development should ensure existing through-site and on-street pedestrian links are maintained and new pedestrian links are developed in accordance with Map Adel/1 (Overlay 2A). 26 Car parking should be provided in accordance with Table Adel/7.

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27 Multi-level car parks should locate vehicle access points away from the primary street frontage wherever possible and should not be located: (a) within any of the following areas: (i) the Core Pedestrian Area identified in Map Adel/1 (Overlays 2, 2A and 3)

(ii) on frontages to North Terrace, East Terrace, Rundle Street, Hindley Street, Currie Street, Waymouth Street (east of Light Square), Victoria Square or King William Street;

(b) where they conflict with existing or projected pedestrian movement and/or activity; (c) where they would cause undue disruption to traffic flow; and (d) where it involves creating new crossovers in North Terrace, Rundle Street, Hindley Street, Currie Street and Waymouth Street (east of Light Square), Grenfell Street and Pirie Street (west of Pulteney Street), Victoria Square, Light Square, Hindmarsh Square, Gawler Place and King William Street or access across primary City access and secondary City access roads identified in Map Adel/1 (Overlay 1). 28 Multi-level, non-ancillary car parks are inappropriate within the Core Pedestrian Area as shown on Map Adel/1 (Overlays 2, 2A and 3). 29 Vehicle parking spaces and multi-level vehicle parking structures within buildings should: (a) enhance active street frontages by providing land uses such as commercial, retail or other non-car park uses along ground floor street frontages; (b) complement the surrounding built form in terms of height, massing and scale; and (c) incorporate façade treatments along major street frontages that are sufficiently enclosed and detailed to complement neighbouring buildings consistent with the Desired Character of the locality. Advertising 30 Other than signs along Hindley Street, advertisements should use simple graphics and be restrained in their size, design and colour. 31 In minor streets and laneways, a greater diversity of type, shape, numbers and design of advertisements are appropriate provided they are of a small-scale and located to present a consistent message band to pedestrians. 32 There should be an overall consistency achieved by advertisements along individual street frontages. 33 In Chesser Street, French Street and Coromandel Place advertisements should be small and preferably square and should not be located more than 3.7 metres above natural ground level or an abutting footpath or street. However, advertisements in these streets may be considered above 3.7 metres at locations near the intersections with major streets.

34 Advertisements on the Currie Street frontages between Topham Mall and Gilbert Place and its north-south prolongation should be of a size, shape and location complementary to the desired townscape character, with particular regard to the following:

(a) On the southern side of Currie Street, advertisements should be fixed with their underside at a common height, except where the architectural detailing of building façades precludes it. At this ‘canopy’ level advertisements should be of a uniform size and fixed without the support of guy wires. Where architectural detailing permits, advertisements may mark the major entrances to buildings along the southern side of Currie Street with vertical projecting advertisements 1.5 metres high by 1.2 metres wide at, or marginally above, the existing canopy level. Painted wall or window signs should be restrained.

(b) On the northern side of Currie Street, advertisements should be of a uniform fixing height and consistent dimensions to match those prevailing in the area. PROCEDURAL MATTERS

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Complying Development

35 Complying developments are prescribed in Schedule 4 of the Development Regulations 2008.

In addition, the following forms of development are assigned as complying:

(a) Other than in relation to a State heritage place, Local heritage place (City Significance), or Local heritage place, work undertaken within a building which does not involve a change of use or affect the external appearance of the building;

(b) Temporary depot for Council for a period of no more than 3 months where it can be demonstrated that appropriate provision has been made for:

(i) dust control;

(ii) screening, including landscaping;

(iii) containment of litter and water; and

(iv) securing of the site.

(c) Change in the use of land from a non-residential use to an office, shop or consulting room (excluding any retail showroom, adult entertainment premises, adult products and services premises or licensed premises).

Non-complying Development

36 The following kinds of development are non-complying:

A change in use of land to any of the following:

Amusement machine centre

Advertisements involving any of the following:

(a) Third party advertising except on Hindley Street, Rundle Mall or on allotments at the intersection of Rundle Street and Pulteney Street frontages (except where fronting King William Street), or temporary advertisements on construction sites;

(b) Advertisements located at roof level where the sky or another building forms the background when viewed from ground level;

(c) Advertisements in the area bounded by West Terrace, Grote Street, Franklin Street and Gray Street;

(d) Animation of advertisements along and adjacent to the North Terrace, King William Street and Victoria Square frontages.

Demolition of a State heritage place (as identified in Table Adel/1)

Vehicle parking except:

(a) where it is ancillary to an approved or existing use;

(b) it is a multi-level car park located outside the Core Pedestrian Area as indicated on Map Adel/1 (Overlay 2, 2A and 3); or

(c) it is within an existing building located outside the Core Pedestrian Area as indicated on Map Adel/1 (Overlay 2, 2A and 3).

Public Notification 37 Categories of public notification are prescribed in Schedule 9 of the Development Regulations 2008.

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In addition, the following forms of development, or any combination of (except where the development is non-complying), are assigned: (a) Category 1, public notification not required:

All forms of development other than where it is assigned Category 2.

(b) Category 2, public notification required. Third parties do not have any appeal rights.

Any development where the site of the development is adjacent land to land in a Residential Zone and it exceeds 22 metres in building height.

Note: For Category 3 development, public notification is required. Third parties may make

written representations, appear before the relevant authority on the matter, and may appeal

against a development consent. This includes any development not classified as either

Category 1 or Category 2.

CITY FRAME ZONE Desired Character This Zone will primarily contain medium to high scale residential development supported by a mix of shops, personal services, restaurants, cafés, and community and hospitality uses. The mix of complementary land uses will extend activity into the evening to enhance the vibrancy and safety of the area, particularly the adjacent Park Lands and Whitmore and Hurtle Squares, which offer a high level of amenity. Small-scale licensed entertainment premises, nightclubs or bars may occur in limited numbers where they are designed and sited to maintain day and evening activation at street level. Development will include residential and mixed use residential buildings that are well connected to nearby public transport networks, including the tramline. The location and scale of buildings will achieve high quality urban design outcomes, with the highest built form located along South Terrace facing the Park Lands with a slightly lower built form framing the Squares. Development on key corner sites at the entrances to the City grid and Squares will create landmark buildings that provide a strong built form edge and pedestrian scale detailing to both street frontages. Buildings will have minimal or no setback and provide tall walls when viewed from the main road frontage to achieve a consistent built form façade. Landscaping and small variations in front setback will assist in softening the continuous edge of new built form and provide a higher amenity streetscape and pedestrian environment which is shaded by street trees and other mature vegetation. Buildings will have a strong horizontal emphasis with clearly defined and segmented vertical elements. At street level, the use of solid materials will be appropriately balanced with glazed areas to provide visual interest and activity. Tall façades will be well articulated with finer details that contribute positively to the public realm, including modelled façades, canopies, fenestration and balconies that make use of light and shade. An interesting pedestrian environment and human scale at ground level which integrates well with the Park Lands and Squares will be created. Catalyst sites provide opportunities for integrated developments on large sites to assist in the transformation of a locality. Such developments will facilitate growth in the residential population of the City, while also activating the public realm and creating a vibrant main street feel. A range of land uses will be provided that add to the range of local employment opportunities and the availability of services and shopping facilities within the main street. Development on catalyst sites will exemplify quality and contemporary design that is generally greater in height, or intensity, than its surroundings. However, development will be designed to carefully manage the interface with sensitive uses in the City Living Zone, particularly with regard to massing; proportions; overshadowing; traffic and noise related impacts. OBJECTIVES

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Objective 1: Development that contains a mix of uses including shops, offices and commercial development at lower floors with residential land uses above with views to the Park Lands and Squares.

Objective 2: Development that creates a strong edge to the Park Lands and Squares.

Objective 3: A uniform streetscape established through a largely consistent front setback and tall, articulated building façades. Objective 4: Development that creates a high quality public realm that promotes walking, cycling, public transport patronage and social interaction.

Objective 5: An area that allows people to work, shop and access a range of services close to home.

Objective 6: Adaptable and flexible building designs that can accommodate changes in use and respond to changing economic and social conditions.

Objective 7: A built form that provides a transition down in scale and intensity at the Zone’s boundaries to maintain the amenity of properties located within the adjoining City Living Zone.

Objective 8: Development that contributes to the Desired Character of the Zone.

PRINCIPLES OF DEVELOPMENT CONTROL Land Use 1 The following types of development, or combinations thereof, are envisaged in the Zone: Affordable housing Aged persons accommodation Community centre Consulting room Dwelling Educational establishment Hotel Indoor recreation centre Licensed entertainment premises Office Pre-school Primary school Residential flat building Restaurant Retirement village Shop or group of shops Supported accommodation Tourist accommodation.

2 Development should comprise wholly residential buildings or mixed use buildings with non-residential development at the ground/first floor level and residences above. 3 Development should reinforce the area as predominantly residential, with non-residential land uses comprising no more than 40 percent of any new building. 4 Non-residential development should occur as part of a mixed use building and comprise uses that: (a) are of a role and function appropriate for the Zone; (b) encourage walking and cycling to local shopping, community services and other activities; and (c) do not detrimentally impact on the amenity of nearby residents.

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5 Licensed entertainment premises, nightclubs or bars should be small in scale, secondary to the primary land use mix in each street and not detract from the street’s daytime activation. 6 Development listed as non-complying is generally inappropriate.

Form and Character 7 Development should be consistent with the Desired Character for the Zone.

Design and Appearance 8 The finished ground floor level of buildings should be at grade and/or level with the

footpath to provide direct pedestrian access and street-level activation.

9 Pedestrian shelter and shade should be provided over footpaths through the use of continuous structures such as awnings, canopies and verandahs.

10 The ground floors of buildings should have a minimum floor to ceiling height of 3.5 metres

to allow for adaptation to a range of land uses including shops, cafés, restaurants or offices without the need for significant alterations to the building.

11 A minimum of 70 percent of the ground floor primary frontage of buildings should be

visually permeable, transparent or clear glazed to help create active street frontages and maximise passive surveillance.

12 Buildings on sites with a frontage greater than 10 metres should be articulated through

variations in forms, materials, openings and colours. 13 Buildings should be designed to overlook or be orientated towards the Park Lands and

Squares and pedestrian and cycle routes. Building Height

14 Except where the airport’s operations require a lesser height or the development is located on a site greater than 1500 square metres (which may include one or more allotment), building height should not exceed:

(a) 36 metres south of Gilles and Gilbert streets; and

(b) 29 metres north of Gilles and Gilbert streets.

15 Development should have the following minimum building height to provide optimal height and floor space yields that activate and frame the Park Lands and Squares:

(a) 4 storeys or more south of Gilles and Gilbert streets;

(b) 3 storeys or more north of Gilles and Gilbert streets. Setbacks 16 Buildings (excluding verandahs, porticos and the like) should generally be built to the primary road frontage. 17 Development on land directly abutting the City Living Zone should avoid tall, sheer walls at the interface by ensuring walls greater than 3 metres in height are set back at least 2 metres from the rear allotment boundary with further articulation at the upper levels.

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Catalyst Sites 18 Development on catalyst sites (sites greater than 1500 square metres, which may include one or more allotment) should be comprised of medium to high scale residential development that is carefully integrated with non-residential development. 19 Catalyst sites should be developed to manage the interface with the City Living Zone with regard to intensity of use, overshadowing, massing, building proportions and traffic to minimise impacts on residential amenity. 20 Catalyst sites should contribute to the vibrancy of the main street through building designs that: (a) include a mix of land uses that create activity and overlooking of the street, particularly at the ground and first floor; (b) create the appearance of narrow frontages and enhance visual interest; (c) are vertically massed; and (d) include above street level fenestration, balconies, parapets, architectural detailing and ornamentation which contribute to the rich visual texture. 21 The scale of development on a catalyst site should respond to its context, particularly the nature of adjacent land uses and the interface treatments required to address impacts on sensitive uses. 22 Where there is an apparent conflict between the catalyst site principles and Zone or Council Wide objectives and principles (including the quantitative provisions) the catalyst site principles will take precedence. Car Parking 23 Car parking should be provided in accordance with Table Adel/7 and be ancillary to an approved or existing use. Land Division 24 Land division should occur only where new allotments are of a size and configuration that will ensure the objectives of the Zone can be achieved. PROCEDURAL MATTERS Complying Development 25 Complying developments are prescribed in Schedule 4 of the Development Regulations 2008. In addition, the following forms of development are designated as complying subject to the conditions contained in Table Adel/7 – On-site Car Parking Provisions: (a) change in the use of land from residential to office on the ground or first floor of a building; or

(b) change in the use of land from residential to a shop (other than a licensed premises) with a gross leasable floor area of less than 250 square metres on the ground floor of a building.

Non-complying Development 26 The following forms of development are non-complying:

(a) A change of use to any of the following:

Adult entertainment premises Adult products and services premises Industry

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Fuel depot Office not in association with residential development Petrol filling station Public service depot Road transport terminal Service trade premises Store Transport depot Vehicle parking except where it is ancillary to an approved or existing use Warehouse Waste reception storage treatment and disposal (b) Demolition of a State heritage place (as identified in Table Adel/1)

Public Notification 27 Categories of public notification are prescribed in Schedule 9 of the Development Regulations 2008. In addition, the following forms of development, or any combination thereof (except where the development is non-complying) are assigned:

(a) Category 1, public notification not required:

Advertisement Aged persons accommodation All forms of development that are ancillary and in association with residential development Consulting room Community centre Dwelling Educational establishment Office in association with residential development Pre-school Primary school Restaurant Residential flat building Retirement village Shop or group of shops Supported accommodation Tourist accommodation (b) Category 2, public notification required. Third parties do not have any appeal rights:

(i) All forms of development not assigned Category 1. (ii) Any form of development assigned Category 1 where the site of the development is adjacent land to land in a Residential Zone and it exceeds 22 metres in building height. (iii) Any development on a catalyst site (a site greater than 1500 square metres, which may include one or more allotment) that exceeds 36 metres in building height south of Gilles and Gilbert streets, or 29 metres in building height north of Gilles and Gilbert streets.

Note: For Category 3 development, public notification is required. Third parties may make

written representations, appear before the relevant authority on the matter, and may appeal

against a development consent. This includes any development not classified as either

Category 1 or Category 2.

COUNCIL WIDE

Living Culture

OBJECTIVES Objective 1: The City of Adelaide as the prime meeting place and cultural focus for the people of metropolitan Adelaide and the State.

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Objective 2: The City of Adelaide as a major focus for tourism, conventions, leisure, entertainment, sport and recreation, education, cultural development and the arts. Objective 3: Development that enhances the public environment and provides interest at street level. PRINCIPLES OF DEVELOPMENT CONTROL 1 Development should, where appropriate, integrate public art into the design of new or refurbished building sites in a manner which is integrated with and commensurate in scale with, the new or refurbished buildings. For the purpose of enhancing the public environment, public art should: (a) demonstrate artistic excellence and innovation in design; (b) be made of high quality materials; (c) enhance the setting of new development; (d) be integrated into the design of the building and the surrounding environment; (e) consider any existing public art works; and (f) not hinder sight lines or create entrapment spots.

City Living

Housing Choice OBJECTIVES Objective 6: A variety of housing options which supplement existing types of housing and suit the widely differing social, cultural and economic needs of all existing and future residents. Objective 7: A range of long and short term residential opportunities to increase the number and range of dwellings available whilst protecting identified areas of special character and improving the quality of the residential environment. Objective 8: A broad range of accommodation to meet the needs of low income, disadvantaged and groups with complex needs whilst ensuring integration with existing residential communities. PRINCIPLES OF DEVELOPMENT CONTROL 5 Development should comprise of a range of housing types, tenures and cost, to meet the widely differing social and economic needs of residents. 6 Development should provide a variety of accommodation to meet the needs of low income people, student housing, social housing, housing for single people, large and small families, people with disabilities and people with other complex needs These forms of housing should be distributed throughout the Council area to avoid over-concentration of similar types of housing in a particular