DEVELOPMENT ASSESSMENT PANEL - Barossa Council · The subject land is an irregular shaped allotment...

DEVELOPMENT ASSESSMENT PANELNotice is hereby given that the next meeting of The Barossa Council Development

Assessment Panel will be held at the Council Offices,43-51 Tanunda Road, Nuriootpa on Tuesday, 5 July 2016

commencing at 5:00pm

Martin McCarthyChief Executive OfficerThe Barossa Council

AGENDA

Please note that due to federal copyright law restrictions, attachments associated with the proposed development are available on our website for viewing only and are locked for printing or copying

NOTE: Plans contained in this agenda are subject to Copyright Laws.

Development Assessment Panel Agenda - 5 July 2016 1

INDEX 1. Welcome Page 3 2. Attendance Page 3 3. Confirmation of Minutes Page 3 4. Business Arising From Minutes Page 3 5. Declaration of Interest by Members of the Panel Page 3 6. Reports – Applications for Decision

6.1 960/109/2016 (Allotment 10, 129 Williamstown Road Sandy Creek)

Page 4

Applicant: Adam Pfitzner of Aurecon Group on behalf of NBN Co Limited

Representor: Shane Southern 7. Reports – Panel Updates

7.1 Development Assessment Commission Concurrence Applications

Page 104

7.2 ERD Court Appeal - Update – Development Application 960/396/2013 – Hebron Christadelphian Bible Camp

Page 105

7.3 ERD Court Appeal - Update - Development Application 960/391/2015 – Peter Seppelt

Page 106

7.4 ERD Court Appeal – Update - Development Application

960/126/2015 – Impact Church Page 107

8. Reports – Other Business Nil. Page 108 9. Reports - Confidential Nil. Page 108 10. Next Meeting Page 108 11. Closure of Meeting Page 108


1. WELCOME 2. ATTENDANCE

2.1 Present 2.2 Apologies Cr Richard Miller 2.3 Absent

3. CONFIRMATION OF MINUTES

RECOMMENDATION That the minutes of the Council Development Assessment Panel meeting held on 7 June 2016 be received and confirmed.

4. BUSINESS ARISING FROM MINUTES 5. DECLARATION OF INTEREST BY MEMBERS OF THE PANEL

The Minister’s Code of Conduct requires that: • If you consider that you have, or might reasonably be perceived to have an

interest in the matter before the Panel, you must clearly state the nature of that interest in writing to the Presiding Member before the matter is considered.

• If you consider that you have a personal interest which may be in conflict

with your public duty to act impartially and in accordance with the principles of the Development Act 1993, you must declare a conflict of interest as above.

• If you have an interest in a matter, you must not partake in any of the

assessment processes involving the matter. You must leave the room at any time in which the matter is discussed by the Panel including during the hearing of any representations or during any vote on the matter. You must not vote on the matter and you must not move or second any motion or participate in any discussion through the consensus process.

Any member that considers that they have an interest must notify the Presiding

Member and have it recorded in the minutes as to the nature and extent of the interest.


6. REPORTS - APPLICATIONS FOR DECISION 6.1 960/109/2016 (Allotment 10, 129 Williamstown Road, Sandy Creek (CT –

Volume 6099 Folio 179)

Applicant: Adam Pfitzner of Aurecon Group on behalf of NBN Co Limited Representor: Shane Southern

APPLICATION DETAILS PROPOSAL Telecommunications Tower with associated

equipment cabinets and fencing APPLICANT NBN Co Limited OWNER Gawler Golf Club Inc APPLICATION NO 960/109/2016 CERTIFICATE(S) OF TITLE CT 6099/179 AREA Approximately 36.27 hectares CURRENT USE Golf Club DEVELOPMENT PLAN VERSION Consolidated 13 August 2015 ZONE Rural Living Zone POLICY/PRECINCT AREA Precinct 21 – Cockatoo Valley OVERLAYS Character Preservation District – Designated Area APPLICATION TYPE Merit CATEGORY OF DEVELOPMENT Category 3 REFERRALS Nil PREVIOUS APPLICATIONS Nil ASSESSING OFFICER Phil Harnett RECOMMENDATION That Development Plan Consent be GRANTED

BACKGROUND The proposal includes: • A 40 metre high galvanised steel monopole • Six antennas mounted to a head frame • Two parabolic antennas situated below headframe • Three Optus panel antennas below parabolic antennas • Two outdoor equipment units at ground level • 2.4 metre high chain-link security fencing • Ancillary cables and connections The proposal would enable NBN Co and Optus to provide telecommunication services to the surrounding locality. Attachment 1 provides a copy of the application and associated documentation. This application has been referred to the Development Assessment Panel for a decision for the following reason:


(1) Where representations opposing a proposal have been received as a result of category 2 or 3 public notification and the representor has indicated a desire to be heard in support of a representation.

PUBLIC NOTIFICATION The application is a Category 3 form of development pursuant to Section 38 and Schedule 9 of the Development Act 1993 and Regulations 2008 and the Procedural Matters of the Rural Living Zone. Representations: 2 representations were received.

Persons wishing to be heard:

1 representor identified that they wish to address the Panel: • Shane Southern

Applicant/s Adam Pfitzner of Aurecon Group wishes to appear to respond to representations.

Summary of Representations:

The representors raised concern regarding the following matters: • Health affects • Reduction in property values • Visual impact • Traffic Management • Aviation (Planes and Helicopters)

Applicant Response:

The applicant’s response to the representations is summarised below: • Site selection process • Visual impact • Health and Electromagnetic Energy • Property values • Aviation – registration of tall structures.

A copy of the representor concerns and the applicant’s response is contained in Attachment 2. An aerial view showing the representations properties is shown in Figure 1.


Figure 1: Aerial of Representations Properties SITE AND LOCALITY The subject land is an irregular shaped allotment which contains an 18 hole golf club with associated club rooms and car parking area. The subject land is approximately 36.27 hectares comprising gentle slopes and a number of established trees. The wider locality comprises rural, semi-rural and residential development at a low-scale and density. The Primary Production Zone abuts the subject land to the east and the Township of Sandy Creek is located to the north-west. The site is located within the Rural Living Zone, as shown in Figure 2.


Figure 2: Zone Map The site is located within the Precinct 21 – Cockatoo Valley as shown in Figure 3.


Figure 3: Precinct Map The site is located in a Designated Area within the Character Preservation District Overlay as shown in Figure 4.


Figure 4: Overlay Map An aerial view of the site is shown in Figure 5.


Figure 5: Aerial REFERRALS No referrals are required under Schedule 8 of the Development Regulations 2008. ASSESSMENT Qualitative Criteria The proposal is assessed for consistency with the qualitative requirements of the Development Plan as outlined below: Overlay Section

Character Preservation District

The subject land is located in a ‘Designated Area’ within the Character Preservation District.


Designated Area’s reflect Rural Living Zone boundaries and are specified for the purpose of Land Division in relation to the Character Preservation Act. The Character Preservation District Overlay therefore applies to the subject land and suitable consideration needs to be given to the objectives and principles of the overlay. Objective 1 states a district where: - scenic and rural landscapes are highly valued,

retained and protected - development near entrances to towns and

settlements does not diminish the rural setting, character and heritage values associated with those towns and settlements

- activities positively contribute to tourism - the heritage aspects of the district are preserved - buildings and structures complement the landscape Principle of Development Control 1 states that development should be consistent with the Objectives for the district. Where the Objectives and/or Principles of Development Control that apply, in relation to the Character Preservation District, are in conflict with the relevant General Section Objectives and/or Principles of Development Control in the Development Plan, the Overlay will prevail. The Objects of the Character Preservation (Barossa Valley) Act 2012 include: (a) to recognise, protect and enhance the special

character of the district while at the same time providing for the economic, social and physical well-being of the community; and

(b) to ensure that activities that are unacceptable in view of their adverse effects on the special character of the district are prevented from proceeding; and

(c) to ensure that future development does not detract from the special character of the district; and

(d) otherwise to ensure the preservation of the special character of the district

A person or body involved in the administration of the Character Preservation (Barossa Valley) Act 2012 must, in exercising powers and functions in relation to the district, have regard to and seek to further the objects of the Act. Telecommunication facilities have become a modern necessity. It is acknowledged that some form of visual impact from particular locations will be unavoidable however, the proposed height is necessary to ensure optimal functionality and services to the surrounding community. The proposal has been located centrally in a


large allotment comprising established vegetation and would be setback approximately 260 metre from Cockatoo Lane that is tree-lined in particular locations. The proposal would not particularly complement the landscape however, in the context of the Character Preservation District Overlay, is considered to be situated in an appropriate location that retains the surrounding rural landscape character.

General Section

Design and Appearance Building Setbacks from Road Boundaries

Objective 1 PDCs 1, 3, 5, 7, 14 and 17 The proposal would be setback approximately 80 metres from the nearest property boundary and is designed to reduce visual bulk, by being slim and ensuring attached antennae are located close to the pole. The proposal would not have a highly reflective finish but rather a dull grey. It is acknowledged that the required height is significantly higher than the surrounding low-scale built form, yet this is necessary for functionality. All other Objectives and PDCs are deemed to comply.

Infrastructure Objectives 1 and 4 PDCs 1, 2 and 10 The visual impact of infrastructure facilities should be minimised yet development should not occur without the provision of adequate telecommunication services. Given the necessary height requirements, it is acknowledged that limited opportunities are available to minimise visual impact. Alternate locations including co-location on an existing tower have been considered by the applicant without success. The proposal would enable Optus to co-locate on the monopole. All other Objectives and PDCs are deemed to comply.

Interface between Land Uses

Objectives 1 and 2 PDCs 1 and 2 The development will not detrimentally affect the amenity of the locality by way of: (a) The emission of effluent, odour, smoke, fumes, dust or

other airborne pollutants (b) Noise (c) Vibration (d) Electrical interference


(e) Light spill (f) Glare (g) Hours of operation (h) Traffic impacts Development should be sited and designed to minimise negative impact on existing and potential future land uses considered appropriate to the locality. The proposal would be visible from the adjacent property to the east being 102 (lot 205) Cockatoo Lane, Sandy Creek. However, the proposal would be situated approximately 80 metres from the rear property boundary and separated by established vegetation. The most visual components of the proposal when viewed from 102 (lot 205) Cockatoo Lane, Sandy Creek include the upper portions of the monopole that may extend above the canopy of established trees. This height is required to ensure suitable functionality and services to the wider locality. The proposal, whilst visible, is not considered to have a detrimental visual impact upon the amenity of nearby land uses with the lower portions of the proposal being suitably screened. All other Objectives and PDCs are deemed to comply.

Landscaping, Fences and Walls

Objectives 1 PDCs 1 and 4 The proposal would result in the removal of one established tree however associated fencing would remain suitably screened by the remaining established vegetation within the locality. All other Objectives and PDCs are deemed to comply.

Natural Resources Biodiversity and Native Vegetation

Objectives 1, 8, 10 and 13 PDCs 1, 2, 3, 4, 26, 27, 28, 30, 31 and 32 The subject land is reasonably flat and the proposal would not require significant disturbance to the natural land form by way of excavation and fill. The proposal will not impact upon the quality and quantity of South Australia’s surface waters however would require the removal of an established native tree. Alone, the removal of the individual tree is not considered to be detrimental to the character of the locality with numerous established trees remaining. Notwithstanding this, development should retain and conserve native vegetation wherever possible and minimise the loss and disturbance of native flora and fauna. All other Objectives and PDCs are deemed to comply.


Orderly and Sustainable Development

Objectives 1, 2, 3 and 4 PDCs 1, 6 and 7 The proposal would not prejudice the development of the zone or policy area for its intended purpose and would not jeopardise the continuance of nearby authorised land uses. All other Objectives and PDCs are deemed to comply.

Siting and Visibility Objectives 1 and 2 PDCs 1, 2, 3, 4 and 5 The proposal has been located centrally in a large allotment comprising established vegetation and would be setback approximately 260 metre from Cockatoo Lane and approximately 330 metres from Williamstown Road, which are both tree-lined in particular locations. The proposal would not particularly complement the landscape however, is considered to be situated in an appropriate location that retains the surrounding rural landscape character. The proposal has been located below the ridge top to the south and marginally below and in between two ridgelines. Acknowledging that telecommunication facilities are required to service the surrounding communication, the proposal is considered to be sited in a reasonable location. All other Objectives and PDCs are deemed to comply.

Telecommunications Facilities

Objectives 1 and 2 PDCs 1, 2 and 3 The proposal has been strategically located to deliver communication facilities whilst attempting to minimise visual impact. A number of alternate locations have been considered by the applicant. Co-location options have also been considered by the applicant, however these alternatives were deemed unsuitable. Optus have now approached NBN Co to co-locate on the proposed monopole. Principle of Development Control 1 indicates that telecommunication facilities should be located primarily in industrial, commercial, business, office, centre and rural zones whilst Principle of Development Control 3 indicates that telecommunications facilities should not be located within Residential Zones unless suitably sited to minimise the visual impact. The subject land is located within the Rural Living Zone which envisages detached dwellings, domestic structures, farming and farm buildings. The proposal is therefore located within a rural type zone that also seeks residential development. Properties adjacent to the north-east are located within the Primary Production Zone, which seeks rural activities.


Principle of Development Control 1 states that telecommunications facilities should use materials and finishes that minimise visual impact, have antennae located as close as practical to the support structure and be designed and sited to minimise visual impact on the character and amenity of the local environment, in particular visually prominent areas, main focal points and significant vistas. The proposal appears typical of a modern telecommunications tower. The monopole would be constructed in galvanised steel which will weather to a bland grey colour. The monopole is reasonably slim. Antennae are located close to the support structure so as to minimise bulk. Proposed equipment shelters and security fencing are low scale, set amongst existing storage sheds and approximately 80 metres from the nearest property boundary. Established trees will visually screen these low-scale structures and partially screen the lower components of the mono-pole. The proposal would be most visually prominent when viewed from within the golf club, neighbouring properties to the east and from sections of Cockatoo Lane. To achieve suitable service the proposed height is necessary and as such some sort of visual impact is expected. The provision of communication services needs to be balanced against reasonable visual impact. All other Objectives and PDCs are deemed to comply.

Transportation and Access Land Use Movement Systems

Objectives 1 and 2 PDCs 1, 5, 6, 13, 22, 23, 24 and 25 Williamstown Road is a secondary arterial road, as designated by the Development Plan. Access to the proposal, including during installation and maintenance, would be gained via the existing access/egress point that extends from a reasonably straight section of Williamstown Road that services the existing golf club. Therefore the proposal would not increase the number of access points onto an arterial road. The section of Williamstown Road in which access/egress is gained is speed limited to 80 Kilometres per hour. Department of Planning, Transport and Infrastructure (DPTI), through the category 3 public notification process have explained their requirements relating to ground vehicular movements which include:


(a) Provision of a Traffic Management Plan if the transportation of components impacts traffic flows on Williamstown Road.

(b) The relevant approvals must be sought for the

transportation of over dimensional or over mass items. Aside from the construction stage the proposal would not generate large numbers of visitors and would not restrict access. The applicant has advised that Traffic Management Plans would be generated to meet DPTI’s requirements, if needed. In addition, with the Lyndoch Airfield located approximately 6 kilometres east of the proposal, DPTI have supplied comments relating to aviation and air traffic movements. The applicant has subsequently advised Barossa Helicopters of the proposal. In addition, given the proposal exceeds 30 metres in height within 30 kilometres of a CASA registered aerodrome (Parafield Airport), the proposal will be registered on a database of tall structures which is maintained by the Royal Australian Air Force – Aeronautical Information Service (RAAF- AIS). The proposal is considered to maintain safe and efficient movement for all motorised and non-motorised transport modes. All other Objectives and PDCs are deemed to comply.

Zone Section

Rural Living Zone

Objectives 1 and 2 The proposal is not considered to adversely impact the amenity of the locality. The proposal would be located below the ridge-top which gently rises to the south. The proposal is set approximately 260 metres from Cockatoo Lane and 340 metres from Williamstown Road, which are the nearest public roads. The proposal would not require excavation or the reshaping of the landform in a manner that is detrimental to the locality. The proposal would result in the removal of one established native tree which is not considered integral to the natural scenic attractiveness of the locality. Additional access roads and driveways are not required. The proposal would be partly obscured from view by the natural form of the land and established vegetation, however it is acknowledged that there will be exposed views of the proposal from particular locations given its required height.


The proposal does not contribute to the desired character of the zone but rather has a neutral impact. All other Objectives are deemed to comply.

Desired Character It is envisaged that development in the zone will accommodate rural living activities on a range of allotment sizes, based on characteristics of the land, landscape appearance, siting and vegetation. Home based industry or other businesses will be limited to where such industry is complementary to the semi-rural use of land. Development will maintain an open, semi-rural and rural character that contrasts with the built-up areas and rural land. The division of land will be orderly, co-ordinated and in accordance with the Concept Plan Map Baro/8 - Rural Living (Cockatoo Valley). Irregular shaped allotments, including battle-axed allotments (particularly with lengthy driveways or shared access arrangements) will not be created. Buildings are to be unobtrusively located, away from prominent sites, ridge tops or similar visually exposed locations, set at least 25 metres from the road and involve excavations and reshaping of landform with minimum detrimental effect on any vegetation on the site or the natural scenic attractiveness of the locality. Access roads and driveways should follow the natural form of the land, minimise the needs for excavation or filling and be landscaped to blend with the natural appearance of the zone. Where portions of the zone are adjacent to or form part of the entrance to a township, development will ensure that it visually enhances the approach into the township. Land division will create allotments of adequate size, dimension and shape that ensure dwellings are able to be located in unobtrusive locations, away from prominent sites and ridge-tops, and where possible out of view of arterial roads and tourist routes. Buildings will be obscured from view either by the natural form of the land, or otherwise screened with landscaping that provides a continuous belt of locally indigenous trees and shrubs to screen any exposed views of development. Development on barren sites will be screened by appropriate perimeter landscape plantings in addition to the screening of buildings. It is expected that buildings will be of such a form and design, including materials and colours, as to harmonise and blend with the natural and rural character of land located within the zone. Buildings will be limited to single storey in form and incorporate low-pitched roofs of a non-reflective texture and natural earth colours. Fencing that is open in nature and utilises wooden posts and wire reinforces the rural and semi-rural character and would be in keeping with those typically found located within the zone. Where fencing is required for the privacy of a dwelling or its associated private open space areas, fencing will be constructed of materials and colours that blend with the natural character of the locality, be unobtrusively located and screened with vegetation. Desired Character The proposal would not diminish the open, semi-rural and

rural character of the locality. The proposal would be located below the ridge-top which gently rises to the south. The proposal is set approximately


260 metres from Cockatoo Lane and 340 metres from Williamstown Road, which are the nearest public roads. The proposal would not require excavation or the reshaping of the landform in a manner that is detrimental to the locality. The proposal would result in the removal of one established tree which is not considered integral to the natural scenic attractiveness of the locality. Additional access roads and driveways are not required. The proposal would be partly obscured from view by the natural form of the land and established vegetation, however it is acknowledged that there will be exposed views of the proposal from particular locations given its required height. Notwithstanding this, a balance between the provision of telecommunication services and visibility is necessary. As such, an element of visual intrusion is expected to ensure suitable functionality of the proposal which is considered to be reasonably sited to sufficiently minimise visual impact.

Form and Character

PDCs 6 and 8 The proposal is not specifically consistent with the desired character of the zone, however is considered to have a neutral impact. The subject land is large however abuts Williamstown Road. Notwithstanding this, the proposal would be partly screened by existing landscaping and partly obscured by the natural land form when viewed from particular locations. All other Objectives and PDCs are deemed to comply.

CONCLUSION Not seriously at variance The proposed development is not seriously at variance with the Development Plan. Development Plan Consent should be granted When assessed against the relevant provisions of the Development Plan it is considered that the proposed development, on balance, warrants Development Plan Consent subject to conditions recommended below. RECOMMENDATION The Panel, having considered the application for consent to carry out development of land and pursuant to the provisions of the Development Act 1993 resolves: (a) Pursuant to Section 6(2) of the Character Preservation (Barossa Valley) Act 2012,

the Development Assessment Panel has had regard to the objects of that Act and, in determining this application, seeks to further the objects of that Act.

(b) That the proposed development is not seriously at variance with The Barossa

Council Development Plan.


(c) To GRANT Development Plan Consent for Application No. 960/109/2016 by NBN Co Limited to undertake development at Allotment 10, 129 Williamstown Road, Sandy Creek (CT 6099/179) subject to the following conditions and advisory notes:

Council Conditions

(1) The development shall be undertaken in accordance with the endorsed

plans and documentation (as amended) accompanying Application No. 960/109/2016 except where varied by any condition(s) listed below.

Reason: To ensure that the proposal is constructed in accordance with the

plans stamped as approved by the Planning Authority. (2) Any lighting shall be directed and shaded in such a manner so as to cause

no light spill nuisance to any person living in the vicinity of the subject land or to nearby vehicular traffic.

Reason: To maintain the amenity of nearby properties. (3) The external materials and finishes, to all structures, shall be non-reflective. Reason: To ensure the proposal is subdued and does not impact upon the

amenity of the locality by way of glare. Notes (a) Note: Where possible, native vegetation should be retained to maintain

the amenity of the locality. The removal of native vegetation may require a permit from the Native Vegetation Council. Enquiries can be directed to (08) 8303 9777.

(b) Note: Should the transportation of components to/from the subject site

impact the traffic flows on Williamstown Road, a Traffic Management Plan should be prepared and submitted to The Department of Transport, Energy and Infrastructure as well as The Barossa Council.

(i) Contractor/s are required to notify DPTI at least five working days

prior to the commencement of works and is to complete a ‘Notification of Works’ form which is available via the following link:

http://www.dpti.sa.gov.au/contractor_documents/works_on_roads_

by_other_organisations (ii) In the event that traffic is restricted by the works, a Traffic

Management Plan showing the location of all traffic control devices and proposed times of traffic restrictions shall be provided.

(iii) The applicant shall notify DPTI’s Traffic Management Centre on

1800018313 prior to undertaking any construction and maintenance activities at the site.

(c) Note: Over dimensional or over mass transportation requirements shall

obtain the necessary approvals. Further information can be obtained via the following website:


http://www.dpti.sa.gov.au/contractor_documents/works_on_roads_by_other_organisations

http://www.dpti.sa.gov.au/contractor_documents/works_on_roads_by_other_organisations

http://www.sa.gov.au/topics/transport-travel-and-motoring/heavy-vehicles/operating-a-heavy-vehicle/heavy-vehicle-permits/oversize-and-overmass-permits

Or, calling 1300 882 248 (Mon-Fri, 9am-5pm).





6.1 Attachment 1








































































6.2 Attachment 2













7. REPORTS – PANEL UPDATES 7.1 DEVELOPMENT ASSESSMENT COMMISSION CONCURRENCE APPLICATIONS The following applications have received or are awaiting concurrence from the Development Assessment Commission.

DA NUMBER

APPLICANT ADDRESS NATURE OF DEVELOPMENT

DAC DECISION

960/359/2015 Mark and Susanna Pearce

Lot 150 Light Pass Road Bethany

49 Tonne Winery Building with Cellar Door Sales, Amenities Building, Roadway, Car Parking Area, Addition to Vineyard and Demolition of some Buildings

Concurrence Granted 23/05/2016 (5/04/2016 panel meeting)

960/42/2016 Calabria Investments

284 Magnolia Road Vine Vale

Vineyard Identification Signage (x)

Awaiting DAC Concurrence (7/6/2016 panel meeting)

RECOMMENDATION That the report be received.


7.2 ERD COURT APPEAL - UPDATE - DEVELOPMENT APPLICATION 960/396/2013 – HEBRON CHRISTADELPHIAN BIBLE CAMP

A verbal update on proceedings shall be provided at the panel meeting. RECOMMENDATION: That the verbal report be received.


7.3 ERD COURT APPEAL - UPDATE - DEVELOPMENT APPLICATION 960/391/2015 – PETER SEPPELT



7.4 ERD COURT APPEAL – UPDATE - DEVELOPMENT APPLICATION 960/126/2015 – IMPACT CHURCH



8. REPORTS – OTHER BUSINESS Nil. 9. REPORTS - CONFIDENTIAL Nil. 10. NEXT MEETING Tuesday 2 August 2016 commencing at 5.00pm. 11. CLOSURE OF MEETING


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