DEVELOPMENT ASSESSMENT PANEL

Transcription

1 of DEVELOPMENT ASSESSMENT PANEL Pursuant to the provisions of Section 56A of the Development Act 1993 as amended. TO BE HELD IN COMMITTEE ROOM, ELIZABETH SERVICE CENTRE 3 WINDSOR SQUARE, ELIZABETH ON TUESDAY 15 JULY 2003 AT 7.00 PM TRS JACKSON CHIEF EXECUTIVE OFFICER Issue Date: 10/07/03 MAYOR MARILYN BAKER JP PRESIDING MEMBER Cr Nick Cava Cr Glenn Docherty Cr Joe Federico Cr Don Levitt Cr Julie Norris Cr Dennis Ryan JP

2 Panel Agenda /0703 City of Playford Development Assessment Panel AGENDA Tuesday 15 July 2003 at 7.00pm 1. Attendance Record 1.1 Present 1.2 Apologies 2. Declarations 2.1 Interest 2.2 Conflict of Interest 3. Confirmation of Minutes RECOMMENDATION The minutes of the Development Assessment Panel held on Tuesday 17 June 2003 be confirmed as a true and accurate record of proceedings. 4. Reports & Representations 4.1 Proposed Church Macdonald Park (Attachment)... 3 Representor: Tony Savelli & Mr and Mrs Elliot Applicant: Phillip Tolmachoff c/-russian Molokam Spiritual Christian Church Inc 4.2 Change In Land Use From Storage to Storage, Distribution, Sales of Packaging and Associated Material Phineas Street, Virginia (Attachment)... 7 Representor: Mr John Bennett (for and on behalf of J Strangio) Applicant: John Tryfopoulos

3 Panel Agenda / PROPOSED CHURCH MACDONALD PARK 292/596/03 Contact Person: Attachments: Matthew Pears Attachment 1 Site plan, elevations, landscaping and cover letter Attachment 2 Representations received Attachment 3 Applicants response to representations Attachment 4 Objectives and Principles of Development Control Description of Development Development No: 292/596/03 Applicant: Location: Zone: Russian Molokam Spiritual Christian Church Lot 570 Lyndon Road, MacDonald Park Rural Living Source: City of Playford Lyndon Road Looking West Purpose: The purpose of this report is to determine if the proposal is consistent with the Objectives and Principles of Development Control within the Playford (City) Development Plan RECOMMENDATION Refuse application 292/596/03 as it is at variance with the Rural Living and Council wide provisions in the Playford (City) Development Plan. Relevance to Playford Plan This relates to Goal 1, Economic Prosperity and strategy that Ensures the land use planning systems encourages economic prosperity. Relevance to Community Involvement Policy There is no requirement under Council s Community Involvement policy to advertise the proposal, however it is a requirement under the Development Act 1993 to carry out the necessary consultation. The proposal was deemed a category 3 development and has undertaken the necessary public notification.

4 Panel Agenda /0703 Proposal The proposal seeks to establish a place of worship on the subject land located Lot 570 Lyndon Road, MacDonald Park. Included as Attachment 1 are the site plans, elevations and landscaping plan. The proposed building would accommodate 120 people and be utilised primarily on Saturday evenings, Sunday and Sunday evenings. The hall is not proposed to be rented out for public hire. Planning Issues Site and Locality The subject land is located at Lot 570 Lyndon Road. Lyndon Road runs parallel with Heaslip Road and Julian Road connecting at the north end with Curtis Road and south end Petherton Road. Three dwellings surround the subject land one on the north boundary and two directly opposite the land on the East Side of Lyndon Road. The area is characterised with a variety of semi-rural and horticultural uses with several of the surrounding properties keeping horses. Heaslip Road runs directly parallel with Lyndon Road with the properties at the rear of the subject land facing Heaslip Road. These properties all have a similar character to the properties along Lyndon Road and provide some screening between the adjoining properties and roads. Within the locality there are several glass houses, rural sheds, and a herb farm located at Lot 156 Lyndon Road. Public Notification As the application was deemed Category 3 development, statutory notification was undertaken. This included adjoining and adjacent property owners being notified and an advertisement placed in the Advertiser newspaper. Four representations were received. Summary of Representations Included as Attachment 2 All representations made reference to the proposal being located within a Rural Living Zone and their understanding that a place of worship was not in keeping with the zone. Further concerns were raised relating to possible increased car traffic and associated noise, fumes and disturbance. Applicant s Response to Representations- Included with Attachment 3 The applicant, in their response to the concerns raised during public notification, stated they were committed to ensuring minimal intrusion and impact on the locality by providing landscaping and providing on site car parking. Further to this it is stated that the proposed development would primarily be utilised on weekends and will not be available for public hire. The applicant has advised that the church does not use musical instruments or load speakers. The applicant also believes that a Rural Living Zone is conducive to a place of worship and reaffirms the Russian Molokam Church s commitment to ensuring minimal disturbance and impact within the locality and respect for residents.

5 Panel Agenda /0703 Officer s Assessment of Representations Issues raised through public notification period a largely concerned with the Rural Living Zones intent and whether a place of worship is appropriate. This coupled with concerns of increased traffic flow and associated traffic problems, formed the basis of concerns raised. The Playford (City) Development Plan does not provide detailed direction on places of worship within the Rural Living Zone. The zoning Objectives and Principles of Development Control (PDC) do support rural activities and allow for small scale keeping of animals. PDC 11 states that non-residential and non-rural activities should be of small scale carried out in structures normally associated with rural living. Concerns raised over the intent of the zone are therefore valid. Form of Development Council Wide Objective 45, 50 PDC 131, 133 Rural Living Objective 1,3 PDC 1,7,8, 11 The proposed development intends to use all new materials and provide landscaping. The roof will be colourbond and the walls are tilt-up construction that will be painted to fit in with the locality. The proposed development is set back 53.4 metres from Lyndon Road and occupies the central area of the subject land. The proposed landscaping is along the north boundary with trees, shrubs and grass proposed to provide a dense buffer of metres. A detailed description of the plant species has been included in Attachment 1. Amenity Council Wide Objective 45,47, 50 PDC 131 Rural Living Objective 3 PDC 8 The locality is characterised by a variety of uses and whilst the applicant has shown regard and sensitivity to surrounding properties the area, it is not conducive to heavy vehicular traffic nor non-rural activities. The current exit and entrance points may contribute to some disruption within the locality due to vehicle head lights shining into the property to the east of Lyndon Road. Accessibility & Transport The proposed development relies entirely on motor vehicles to access the church, as no public transport routes are available to service this area. Environmental Considerations The proposed development is a non-rural use. All policy within the Rural Living Zone and Council Wide Provisions relating to water deal specifically with rural and horticultural uses. The proposed development, if approved, would need to comply with all relevant sections of the Building Code of Australia and dispose of all stormwater into existing infrastructure.

6 Panel Agenda /0703 Car Parking There are 44 car parks, with one disabled car park proposed. The Planning Carparking Bulletin outlines a requirement to have 1 car park for every 3 seats. The applicant has outlined that the church would accommodate 120 seats, which requires 40 car parks. Therefore adequate car parking is available. Summary The Playford (City) Development Plan offers little direction on appropriate locations for Places of Worship and it is becoming more apparent that these facilities are finding it difficult to find appropriate locations. The proposed development, located within a Rural Living Zone, supports small-scale rural activities and associated lifestyles. Whilst the application has attempted to have regard to surrounding properties through design techniques, the Rural Living Zone does not support, nor encourage, non-rural or non-residential development. Concerns over the current location of the proposed development, its appropriateness and increased traffic flow and associated vehicular problems are considered valid given the Rural Living Zoning status of the proposal. Options Option 1 Refuse application 292/596/03 as it is at variance with the Rural Living Zone and Council wide provisions in the Playford (City) Development Plan. Option 2 Approve application 292/596/03 subject to the following conditions; 1. Hours of operation shall be as proposed namely, Saturday 8am 11pm and Sunday 8am 8pm. 2. Landscaping will be carried out in accordance with the information submitted. 3. No sound shall be emitted from any machinery, equipment or device, or from any other source whatsoever on the subject land, in such a manner as to cause a nuisance to adjacent occupiers. 4. The Church will not be rented out for public hire. 5. All metal clad external surfaces to be of a suitable factory colour-coated material and of a dark brown, green or other similar colour to Council s satisfaction. 6. All external surfaces to be painted a dark brown, green or other similar colour to Council s satisfaction, prior to occupation of the proposed building. Analysis of Options Option 1 The proposed development is in the Rural Living Zone and, as outlined within the policy seeks to establish a locality that is conducive and supportive of small scale rural and horticultural activities and associated lifestyles. Option 2 The proposed development is not considered to be appropriate or able to be supported. Preferred Options & Justification The preferred option is Option 1, so that the intent of the zone is maintained and possible adverse impacts avoided.

7 Panel Agenda / CHANGE IN LAND USE FROM STORAGE TO STORAGE, DISTRIBUTION, SALES OF PACKAGING AND ASSOCIATED MATERIAL PHINEAS STREET, VIRGINIA 292/121/03 Contact Person: Matthew Pears Description of Development Attachment 1 Locality Plan Attachment 2 Proposal details Attachment 3 Site plan Attachment 4 Representations Attachment 5 Objectives and Principles of Development Control Development No: 292/121/03 Applicant: Location: Zone: J & G Tryfopoulos Tryfopoulos Packaging Supplies PO Box 38 TWO WELLS SA 5501 Lot 4, 5 & 6 Phineas Street VIRGINIA Residential (Virginia) Zone Photograph: View of building looking east View along Phineas Street looking north Source: City of Playford Purpose The purpose of this application is to determine if this proposal is consistent with the Objectives and Principles of Development Control (PDC) in the Playford (City) Development Plan. RECOMMENDATION The proposal by J & G Tryfopoulos to change the use of the existing building from storage to storage, distribution, sales of packaging and associated material at lot 29 Phineas Street, Virginia be granted approval subject to the following conditions of approval; 1. The building shall not be used for human habitation. 2. No sound shall be emitted from any machinery, equipment or device, or from any other source whatsoever on the subject land, in such a manner as to cause a nuisance to adjacent occupiers.

8 Panel Agenda / Containers, bins or receptacles used for the temporary storage of garbage, waste or refuse arising from the premises, shall be located and/or screened from public view, to the reasonable satisfaction of Council. Relevance to Community Plan This relates to Goal 1, Economic Prosperity and strategy that Ensures the land use planning systems encourages economic prosperity. Relevance to Community Involvement Policy There is no requirement under Council s Community Involvement policy to advertise the proposal, however it is a requirement under the Development Act 1993 to carry out the necessary consultation, if required. Proposal The applicant seeks consent to utilise 70 square metres of the premises for retail display. This is the only change from what was previously used for storage purposes only. Background The subject land contains a warehouse structure used to store packaging supplies and a shop front also used for storage purposes. The applicant proposes to carry out the same activity, with an additional shop front to display packaging supplies goods and accessories. This portion is 70 square metres in area. There are no structural changes to the building. Both the former use and the proposed use entails packaging supplies for the horticulture market. Public Notification This type of proposal is not listed in the Playford (City) Development Plan and is therefore a merit application. For the purposes of public notification, the use is not listed within the Development Plan and therefore must be advertised as a Category 3 application. Public notification was provided to all adjoining owners and an advertisement was placed in the Advertiser newspaper. As part of the public consultation, three representations were received, however, one of the representors has since withdrawn. Summary of representations Proposed use is contrary to the existing residential zoning The premises has not been used for sales and distribution for over 10 years The use by Dimanno Growers and Supplies was used for storage purposes only The proposed use is not an existing use that is authorised by the zoning If the proposal is given consent, Council will be aiding and abetting a breach of the zone provisions The premises did not have telephone or power connected.

9 Panel Agenda /0703 Applicant s Response to representations The applicant did not respond to the representations. Officers response to representations The premises has never been used for residential purposes, is not residential in character and the proposal must be assessed on its merits. The previous use of land needs to be taken into account when assessing a new use, however any proposal to change the use is considered on its merits and detailed in the body of this report. The previous use for storage purposes is similar to that being proposed, albeit the 70 square metres of retailing Council will make a decision based on the merits of the application taking into account the previous use, the character of the zone and built form of the existing commercial building. Whether the premises was connected to power or telephone is not a planning issue and is not relevant. Planning Issues Site and Locality The site is located on the eastern side of Phineas Street. It contains a warehouse/storage shed and a brick office/retail front entry. The site adjoins a vacant piece of land to the south, which abuts Penfield Road, across the road is Council s reserve and to the north is an existing packaging supplies commercial premises known as Produce Cartons. Adjacent that property is a mechanics/tyre fitting outlet and further north along Phineas Street exists residential dwellings. Formal Referrals No formal referrals are required as part of this proposal. Form of Development Council Wide Principles of Development Control (PDC) 2 and 3 of the Playford (City) Development Plan advise that development should not interfere with the intended use and character of land in the locality, be appropriate for its location, and not create detriment to the intended use of land in the locality. This proposal seeks to utilise an existing commercial building that is located within the Residential (Virginia) Zone. It has never been used as a residential dwelling and would require demolition in order for the land to be used for residential. The structure is good condition in its current form and is unlikely to be used for residential. The proposal is an activity that does not substantially change the use significantly to that which it was previously used. That is, although the premises was previously used for storage purposes only, this proposal contains predominantly storage of packaging supplies with a small retail component for customers to view the goods before purchasing. The character of this premise has always been used as a commercial building and therefore the character is not altered. The PDC 3 also advises that there should be no detriment to the immediate adjoining owners and locality of the land. As mentioned above, the land adjoins an existing packaging supplier and a mechanic and tyre-fitting outlet. All three buildings are commercial in nature and are all located within this Residential (Virginia) Zone. However, due to their existing nature and form of development, this proposal will not cause noise and detriment to those adjoining owners within the locality. Objective 1 and PDC 2 of the Residential (Virginia) Zone encourages primarily detached dwellings that do not alter the character of the zone. It is acknowledged that the primary purpose of this zone is to encourage residential development, however, this would be more prevalent if the site was vacant. The intended use must be assessed on its merits and the use of this building to something other than a low scale commercial activity must bear considerable

10 Panel Agenda /0703 wait. Should Council insist on utilising such a building for a residential activity, as desired within the zone, the building may remain vacant. PDC 14 of the zone states shops of greater than 450 square metres are non-complying. This retailing portion is only 70 square metres and used to display bulky carton material for the horticulture industry. This is not considered likely to have any impacts on the existing retail areas within the township. Amenity The amenity of the locality is characterised by a combination of commercial and residential. This proposal is at the southern end of the three existing commercial buildings, thus being the furthest away from the existing residential dwellings in Phineas Street. Taking into account the previous use of the premises, there is likely to be negligible impacts to existing residential dwellings. The proposal utilises an existing commercial building that does not make any physical alterations to the building, thus the amenity will not be affected. Accessibility & Transport The site contains spaces for nine (9) staff and customer car parks located on the northern end of the site and delivery areas to the southern end. All access is via Phineas Street with no alterations to existing access/egress points. The building has a total floor area for storage of 565 square metres and a retail/display area of 70 square metres. A total of 15 spaces are recommended for this size building as defined in Council s Development Plan. Although this proposal is short by 6 spaces, there are adequate provisions at the southern end of the site to include additional spaces if required. However, taking into account the bulky nature of the materials being stored and sold from the site, this short fall is not considered to pose any significant impacts to the locality. Environmental Considerations The applicant is utilising an existing building with existing infrastructure in place. All roof water and run-off water from hard surfaced areas is directed into existing Council stormwater systems. Summary The proposal seeks consent to utilise an existing commercial building that is located within the Residential (Virginia) Zone. The site has never been used for residential. The proposal is not dissimilar to that which the site has been used for the last 10 years, with the only variation being the small retail display area. The site contains adequate car parking facilities and has the potential to include additional spaces if required. The proposal will not have detrimental impacts to immediate adjoining owners of land and will have little to no effect on the existing residential dwellings. The proposal, although not consistent with the zone intentions, has merit based on the previous use of the site and the existing structure. The proposal warrants approval. Options Option 1 Approve the application to change the use from storage to storage, distribution, sales of packaging and associated material subject to the conditions listed in the recommendation of this report. Option 2 Refuse the proposal.

11 Panel Agenda /0703 Analysis of Options Option 1 Option 1 is the most appropriate option as it utilises an existing commercial building. The proposal is not significantly different to that which previously existed and will not have detrimental impacts to the locality. Both the applicant and 3 rd party representors have rights of appeal on any approval, conditions of approval or refusal via the Environment Resources and Development (ERD) Court. Option 2 Refusal of this proposal will not enhance the locality in any way. It has the potential to have this building left vacant or returned to a use that existed prior (ie storage) to this proposal. Although the proposal is located within a Residential Zone, the building is in good condition and would not be viable to have the building demolished and developed for residential purposes. The proposal, taking into account the structure and previous use, does not have merit for refusal. Both the applicant and 3 rd party representors have rights of appeal on any approval, conditions of approval or refusal via the Environment Resources and Development (ERD) Court. Preferred Options & Justification The preferred option is Option 1 in that the proposal has merit and does not cause detrimental impacts to the locality.