agenda item 3.5 22 october 2015€¦ · 22 october 2015 officer: malcolm govett investment ......

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AGENDA ITEM 3.5 22 October 2015 Officer: Malcolm Govett Investment Management Development Division Department of Planning, Transport & Infrastructure TABLE OF CONTENTS PLANNING REPORT PAGES AGENDA REPORT 2-10 APPENDICES A - DEVELOPMENT PLAN PROVISIONS 11-12 ATTACHMENTS 1 PLAN OF DIVISION 13 2 CERTIFICATES OF TITLE 14-17 3 ZONE MAP 18 4 SITE PHOTOS 19-21 5 - STATEMENT OF SUPPORT 22-34 6 REFERRAL COMMISSIONER OF HIGHWAYS 35-36 7 REFERRAL DISTRICT COUNCIL OF MALLALA 37-56 8 REFERRAL SA WATER 57

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Page 1: AGENDA ITEM 3.5 22 October 2015€¦ · 22 October 2015 Officer: Malcolm Govett Investment ... titles that she owns and leases within the district. Currently, there are two dwellings

AGENDA ITEM 3.5

22 October 2015 Officer: Malcolm Govett Investment Management – Development Division Department of Planning, Transport & Infrastructure

TABLE OF CONTENTS

PLANNING REPORT PAGES

AGENDA REPORT 2-10

APPENDICES

A - DEVELOPMENT PLAN PROVISIONS 11-12

ATTACHMENTS

1 – PLAN OF DIVISION 13

2 – CERTIFICATES OF TITLE 14-17

3 – ZONE MAP 18

4 – SITE PHOTOS 19-21

5 - STATEMENT OF SUPPORT 22-34

6 – REFERRAL – COMMISSIONER OF HIGHWAYS 35-36

7 – REFERRAL – DISTRICT COUNCIL OF MALLALA 37-56

8 – REFERRAL – SA WATER 57

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DAC AGENDA ITEM: X.X

Application SummaryApplication No: 312/D001/15KNET Reference: 2015/11271/01Applicant: Heather CurnowProposal: Land division – realignment of boundaries – two into two –

create a new allotment of less than 40 hectares in areaSubject Land: Corner of Port Wakefield Road and Dublin Road, DublinRelevant Authority: District Council of MallalaRole of the Commission: ConcurrenceZone / Policy Area: Primary Production ZoneCategorisation: Non-complyingNotification: Category 1Representations: Not applicableLodgement Date: 21 July 2015Council: District Council of MallalaDevelopment Plan: 15 May 2014Referral Agencies: Commissioner of Highways, SA Water, Development

Assessment CommissionOfficers Report: Malcolm GovettRecommendation: Concur

Executive Summary

The District Council of Mallala has requested the concurrence of the DevelopmentAssessment Commission on its decision to approve a non-complying development forland division.

The proposed development is for the significant realignment of allotment boundaries of agenuine cereal cropping enterprise within the Primary Production Zone. The proposal isdefined as a form of non-complying development because it would create a newallotment of less than 40 hectares in area.

The key planning issues are whether the creation of a small rural living allotment willhinder the efficient and sustainable use of rural land for primary production purposes, aswell as create an undesirable precedent within the Zone.

Assessment of the matter is finely balanced and the application is therefore referred tothe Commission for decision.

Assessment Report

1. Description of Proposal

In accordance with Regulation 25 of the Development Regulations 2008, the DistrictCouncil of Mallala is seeking the concurrence of the Development AssessmentCommission on its decision to approve this application for a non-complying development.

The proposal is for land division in a Primary Production Zone so as to realign propertyboundaries but without creating any additional allotments, i.e. two into two.

The existing land holding is configured in two large area vacant rural allotments:

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Allotment 1000 of 68.9 hectares, and Allotment 1001 of 71 hectares

The proposed development would create two new allotments: Proposed Allotment 48 of 134.7 hectares, and Proposed Allotment 49 of 3.2 hectares

The proposal is a form of non-complying development because proposed Allotment 49would be less than the minimum requirement in the Zone of 40 hectares in area.

Application details are contained in the ATTACHMENTS.

2. Site and Locality

The subject land is located at the corner of Dublin Road and Port Wakefield Road, Dublinand is described as follows:

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LotNo

Plan No Street Suburb Hundred CT Reference

1000 DP47003 Dublin Road Dublin Dublin 5452/411001 DP47003 Avon Road Dublin Dublin 5452/42

LOCALITY PLAN

The subject site is representative of the rural hinterland in the district where much of thevegetation cover has been removed to enable broad hectare cropping and livestockgrazing.

3. Background

There is a suggestion that prior to 1996 the subject land was configured as threeseparate allotments and identified as:

Section 176 Allotment 24 DP28029, and Allotment 122 FP37287

Subsequently, the land owners were affected by a road construction project undertakenby the then Department of Road Transport involving the closure and realignment of aportion of Dublin Road and the widening of Port Wakefield Road. During this processAllotment 122, which was similar in size, shape and the location of proposed Allotment49, was supposedly forfeited without any regard to future planning implications.

Proposed Lot 49 &vegetated corridor ofold Dublin Road

Town of Dublin and itssurrounding rural livingarea.

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The long standing use of the subject land has been for cereal cropping. ProposedAllotment 48, which is the larger consolidated allotment, will continue to be used forprimary production. The Applicant uses this land holding in conjunction with a largerportfolio of primary production land of 2,223 hectares and contained within 40 separatetitles that she owns and leases within the district.

Currently, there are two dwellings located on separate allotments within the Applicant’sprimary production portfolio.

The intended use of the smaller proposed Allotment 49 is for estate planning andsuccession purposes. It is expected that at least one of the Applicant’s three sons willcontinue the family business as a farmer and so proposed Allotment 49 will be developedfor residential purposes.

The Applicant contends there is already a physical separation of existing Allotment 1000due to the presence of the old Dublin Road corridor. This physical impediment makes itincreasingly difficult to viably farm this small area of land.

Furthermore, the future development of proposed Allotment 49 would have theappearance of being an orderly extension of the Rural Living Zone adjacent to the townas it would be of a similar shape and size to some of the existing rural living allotments.

The Applicant’s statement of support is contained in the ATTACHMENTS.

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4. District Council of Mallala

The Council supports the proposed development for the following reasons: The land division represents a proper rationalisation of the holdings over two

titles into one larger allotment It is generally consistent with the intent of the Primary Production Zone and will

not prejudice the overall intent of Council’s Development Plan The creation of Allotment 49 is not likely to impede the efficient use of rural land

for primary production purposes The proposal will consolidate primary production land

Council’s Planning Assessment Report is contained in the ATTACHMENTS.

5. Development Assessment CommissionShould Council decide to approve this application, the following requirements of theDevelopment Assessment Commission must be included as a condition of approval,pursuant to Section 33 (1) (c) of the Development Act.

1. The financial requirements of the SA Water Corporation shall be met for theprovision of water supply (SA Water H0029007).

2. A final plan complying with the requirements for plans as set out in the Manual ofSurvey Practice Volume 1 (Plan Presentation and Guidelines) issued by theRegistrar General to be lodged with the Development Assessment Commission forLand Division Certificate purposes.

DAC advice is contained in the ATTACHMENTS.

6. Agency Referrals

Commissioner of HighwaysThe property abuts sections of Port Wakefield Road, Dublin Road and Carter Road thatwere proclaimed as controlled access road on 17 November 1994 pursuant to Part 2A ofthe Highways Act 1926.

There are three proclaimed means of access, located along the western boundary ofproposed Allotment 48, by which vehicles may enter or leave the controlled access roadfrom/to that allotment.

DPTI Transport Division directs that the southern-most proclaimed access bepermanently closed and fenced-off as it appears to be disused and the plan of divisionwill allow proposed Allotment 48 to gain access via the abutting local road network.

There is an unauthorised access along Dublin Road that serves proposed Allotment 49.DPTI does not support the continued use of this unauthorised access and directs that itbe permanently closed and fenced-off.

Subsequent to the above-mentioned access closures, and in view of the understandingthat Allotment 49 will continue to be used for farming purposes only, DPTI will issue a6,000mm wide access permit along Dublin Road to serve proposed Allotment 49. Thisaccess must be located 50 metres west of the existing unauthorised access. The accesspermit shall be issued for the existing use of the land only. No proclaimed or permittedmeans of access shall be provided along Port Wakefield Road to serve proposedAllotment 49.

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DPTI supports the subject application and directs that the following conditions be attachedto any approval given:

1) The existing Port Wakefield Road access to proposed Allotment 48 (south ofAllotment 28 in DP 28027) shall be permanently closed and fenced off.

2) The unauthorised access to proposed Allotment 49 shall be closed and a newaccess provided 50 metres to the west of this point to serve the existing use ofthe land. The new access shall be a maximum of 6,000mm wide.

3) No access shall be provided along Port Wakefield Road to serve proposedAllotments 48 and 49.

Referral responses are contained in the ATTACHMENTS.

SA WaterThe financial requirements of SA Water shall be met for the provision of a water supply.

Referral responses are contained in the ATTACHMENTS.

7. Public NotificationThe application is a Category 1 development pursuant to clause 3 (c) in Part 1 underSchedule 9 of the Development Regulations 2008. This is because it is classified as non-complying under the relevant Development Plan which comprises the division of landwhere the number of allotments resulting from the division is equal to or less than thenumber of existing allotments. No public notification was therefore required.

8. Policy Summary

Primary Production Zone The Zone is for the long term continuation of primary production, primarily

cereal cropping and livestock grazing but including horticulture and intensiveanimal keeping.

Primary production activities should be productive, efficient, environmentallysustainable, and protected from encroachment by incompatible land uses.

A dwelling should only be developed if there is a demonstrated connection withfarming and its location will not inhibit the continuation of farming.

Creation of new allotments of less than 40 hectares in area is a form of non-complying development.

Council WideRural land should not be divided if it will impede the use of land for primaryproduction or result in the fragmentation of primary production land.

Zone map is contained in the ATTACHMENTS.

Relevant planning policies are contained in APPENDIX ONE.

9. Planning Assessment

The following elements are considered to be of most relevance to the assessment of theproposal against the Mallala Council Development Plan.

Desired CharacterThe current use of the land for cereal cropping is an activity that is envisaged within thePrimary Production Zone and is consistent with its desired character.

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The proposed development would be consistent with the desired character for the Zoneas a substantial proportion of the land holding is to be retained for cereal cropping.

It is most likely the future development of proposed Allotment 49 will result in theconstruction of a dwelling. This outcome and its impact on the desired character of theZone will be insignificant when taking into account that the additional dwelling willensure the continuation of a genuine primary production enterprise.

Furthermore, it should be noted that a dwelling is not excluded from being erected withinthe Zone. While this proposal would not achieve the criteria of a dwelling being on thesame allotment as the primary production activity, it would nevertheless be directlyconnected to a genuine primary production enterprise. Although, it is acknowledged thatthe proposed Allotment 49 and any dwelling likely to be erected on it could be on-sold atany time by the owner.

Allotment SizeThe size and regular configuration of proposed Allotment 48 at 135 hectares in areawould promote the efficient and sustainable use of the land for primary production.

The excision of proposed Allotment 49 would result in the loss of only three hectares ofland from the current primary production operations. It is land that is considered by theowner to be of lower economic and productive value due to its unique physicalcharacteristics. More importantly, the excision would achieve some positive practicaloutcomes.

It would remove from operations a small section of irregular shaped land that isbecoming increasingly difficult to farm due to reasons of accessibility andmanoeuvrability for large farm machinery. This section of land is difficult to accessbecause of the uneven surface caused by the vegetated corridor of the old Dublin Road.Furthermore, the increasing size of farm machinery has the effect of making small andirregular shaped parcels of land less efficient to farm.

The excision of proposed Allotment 49 would also solidify succession planning for agenuine primary production enterprise.

An alternative approach could see the landowner maintain the status quo with respect totheir farming operations and purchase the required dwelling elsewhere within thedistrict. Another longer tem option would be to eventually try to fully incorporate the oldroad corridor into their farming operations so as to overcome the current difficulties withthe handling of farm machinery. Such approach is unlikely to be achieved in the shortterm as it would probably require the removal of the sparse remnant vegetation alongthe old road corridor, the levelling of the surface profile, and the preparation of the soilprofile for primary production.

Proximity to Rural Living DevelopmentIt is acknowledged that the subject land is located opposite the Rural Living Zone forDublin. However, if proposed Allotment 49 is to be developed for residential purposes itis considered there would not necessarily be any obvious visual or physical connectionbetween the two areas.

This is because they would be separated by the very wide (two lanes each way) PortWakefield Road which is designated as a primary arterial road with a speed limit of110kph. Furthermore, any future dwelling would be able to be setback up to 300 metresfrom the road frontage in order to minimise traffic noise impacts. The visual impact ofthe dwelling would be able to be minimised by the establishment of a substantialvegetation screen.

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Also, as previously stated, a dwelling is not excluded from being erected within the Zone.

Realignment of Dublin RoadThe legal process to facilitate the realignment of Dublin Road and the widening of PortWakefield Road occurred between 1989 and 1997. The Applicant acquired Allotments1000 and 1001 DP47003 in March 2001. This is well after the conclusion of the legalprocesses for undertaking the road infrastructure project.

It would appear there is no basis to any claim or suggestion of the loss of an allotmentand potential development right as a result of the road widening and realignmentprocess.

Potential for future land divisionA significant concern with this proposal is that it could create an undesirable precedentregarding the creation of new allotments within the Zone.

In theory, the creation of proposed Allotment 48 would provide the landowner withsignificant flexibility in the future to produce additional rural living allotments.

For example, the recommended minimum allotment size for the Zone is 40 hectares.The land owner could take the following incremental steps:

1) Divide the 135 hectare allotment into two or three new allotments2) Divide the new allotments to create a small rural living allotment and a large rural

allotment without creating any additional lots (similar to this application)3) Divide the large rural allotment into two or three new allotments4) Repeat step 2 above5) Repeat step 1 above

Clearly, the landowner’s large rural land portfolio would provide them with significantflexibility regarding the rearrangement of boundaries and creation of new allotments.

It is worth noting that since 2008 there has been no support given to the creation ofadditional rural living size allotments within the Council’s Primary Production Zone.However, on eight separate occasions, the Council has supported the creation of a smallrural living allotment in order to excise an existing dwelling from a large area rural landholding, but without creating any additional allotments.

Each of these applications would have been for a form of non-complying developmentbecause they sought to create an allotment of less than 40 hectares. In each case, theconcurrence of the Commission was requested and granted.

Further applications for these types of development within the Primary Production Zoneare likely to come before the Commission for concurrence (e.g. ID 49825 and 51161).

10. Conclusion

The proposal seeks to provide for succession planning as well as remove the currentdifficulties for farm management and efficient primary production by taking advantage ofthe unique physical characteristics and configuration of the area south of the old DublinRoad corridor.

On the negative side, this application could be seen as a precedent for futureapplications, and the larger allotment is capable of further subdivision in the future.

Clearly, the District Council of Mallala is the relevant planning authority and the planningpolicy framework for the management of rural development is well established. On

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balance, I consider that Council’s assessment of this proposal and its request forconcurrence should be supported.

11. Recommendation

It is recommended that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with thepolicies in the Development Plan.

2) RESOLVE that the Development Assessment Commission CONCURS with thedecision of the District Council of Mallala to grant development approval toDevelopment Application 312/D001/15 by Heather Curnow for land division ofAllotments 1000 and 1001 DP47003 at Dublin Road, Dublin.

3) RESOLVE that the District Council of Mallala be required to attach the followingAdvisory Note to the Development Approval it issues on Development Application312/D001/15:

“The Applicant is advised that this Development Approval should not be consideredas a precedent for the creation of further rural living size allotments within thePrimary Production Zone. This decision is founded on the unique physicalcharacteristics and configuration pertaining to proposed Allotment 49 and theirimpacts on the efficient and sustainable use of the land for primary productionpurposes.”

………………………………………………….Malcolm GovettSenior Project OfficerAssessment BranchInvestment ManagementPlanning Division (DPTI)

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APPENDIX ONE: Development Plan Policies

The Objectives and Principles of Development Control in the Development Plan mostrelevant to the assessment of the application are outlined as follows. These arecontained in the Mallala Development Plan (Consolidated 15 May 2014).

Primary Production Zone

Obj1: The long term continuation of primary production.Obj2: Economically productive, efficient and environmentally sustainable primaryproduction.Obj3: Allotments of a size and configuration that promote the efficient use of land forprimary production.Obj4: Protection of primary production from encroachment by incompatible land usesand protection of scenic qualities of rural landscapes.Obj7: Development that contributes to the desired character of the zone.

Desired CharacterThe zone accommodates a wide range of farming practices which contribute to localemployment, and the local economy, where sustainable farm management is practisedand where an attractive well vegetated landscape exists. The maintenance of sustainablefarm management is paramount to the long-term protection of rural productivity.

The predominant uses are livestock grazing and cereal cropping which are generallyfarmed on relatively large land holdings as well as intensive animal keeping. The zonealso accommodates significant horticulture production, rural value adding, the livestockmarkets, bulk grain storage, a major landfill, composting, and bulk grain storage. Thiszone will continue to accommodate grazing and cropping and intensive animal keepingas the dominant land uses without restricting further diversification of land use in termsof horticultural glass house development and associated value adding, the developmentof abattoirs, meat processing, cold storage, and other forms of compatible development,which contribute to agricultural productivity and the rural character.

To maintain the agricultural importance and stability of the zone, it is vital that the sizeof the land holdings is not significantly reduced, or densities increased, and that futurepressures for development in the zone will not result in the conversion of agriculturalland to less productive uses.

PDC1: The following forms of development are envisaged in the zone: bulk handling andstorage facility; commercial forestry; dairy farming; farming; horticulture; intensiveanimal keeping; tourist accommodation (including through the diversification of existingfarming activities and conversion of farm buildings)PDC2: Development listed as non-complying is generally inappropriate.PDC5: A dwelling should only be developed if:(a) there is a demonstrated connection with farming or other primary production(b) the location of the dwelling will not inhibit the continuation of farming, other primaryproduction or other development that is in keeping with the provisions of the zonePDC9: Development should not be undertaken unless it is consistent with the desiredcharacter for the zone.PDC13: Buildings should primarily be limited to farm, horticulture and animal keepingbuildings, a detached dwelling associated with primary production on the allotment andresidential outbuildings that are:(a) grouped together on the allotment and setback from allotment boundaries tominimise the visual impact of buildings on the landscape as viewed from public roads(b) screened from public roads and adjacent land by existing vegetation or landscapedbuffers.

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PDC18: Land division, including boundary realignments, which are not located within theGawler River Flood Plain, as shown on the Overlay Map – Development Constraints,should only occur where:(a) it will promote economically productive, efficient and sustainable primary production(b) not create any allotment less than 40 hectares in area.PDC20: Boundaries realignments and rationalisation of rural holdings should only occurwhere (a) and (b) are satisfied:(a) where the number of resulting allotments is not greater than the number that existedprior to the realignment or an increase in the size of one of the allotments will promoteeconomically productive, efficient and sustainable primary productionNon-complying Development - Development (including building work, a change in theuse of land, or division of an allotment) for the following is non-complying: Land division,Except where it satisfies either (a) or (b) :(a) where not located within Horticulture Policy Area 3, either (i) or (ii) is satisfied:(i) all allotments resulting from the division are at least 40 hectares and not locatedwholly within the Gawler River Flood Plain, as shown on the Overlay Maps –Development Constraints(ii) where it facilitates the provision of public infrastructure for flood mitigation or floodmanagement purposes Except where it satisfies either (a) or (b) :

General Section

Land Division in Rural AreasObj2: Land division that creates allotments appropriate for the intended use.Obj5: Land division restricted in rural areas to ensure the efficient use of rural land forprimary production and avoidance of uneconomic infrastructure provision.

PDC6: Land division should result in allotments of a size suitable for their intended use.PDC21: Rural land should not be divided if the resulting allotments would be of a sizeand configuration likely to impede the efficient use of rural land for any of the following:(a) primary production(b) value adding industries related to primary production(c) protection of natural resources.PDC22: Rural land should not be divided where new allotments would result in any ofthe following:(a) fragmentation of productive primary production land(b) strip development along roads or water mains(c) prejudice against the proper and orderly development of townships(d) removal of native vegetation for allotment boundaries, access roads, infrastructure,dwellings and other buildings or firebreaks(e) uneconomic costs to the community for the provision of services.

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https://www.edala.sa.gov.au/Content/675000/675729/312D00115 car.doc

In reply please quote F2015/00212 D9283203Enquiries to Matthew SmallTelephone (08) 8343 2825

24 March 2015

The Presiding MemberDevelopment Assessment CommissionGPO Box 1815ADELAIDE SA 5001

Dear Sir,

PROPOSED DEVELOPMENT APPLICATION - DIVISION OF LANDDEVELOPMENT NO. 312/D001/15, DUBLIN ROAD, WINDSOR

I refer to your EDALA Application (Unique Id 49608 referred on 10 February2015), concerning the above development application. The Safety and ServiceDivision of the Department of Planning, Transport and Infrastructure (DPTI) offersthe following comments:

This property abuts sections of Port Wakefield Road, Dublin Road and CarterRoad that were proclaimed as controlled access road on 17 November 1994pursuant to Part 2A of the Highways Act 1926. Departmental records show thatthere are three proclaimed means of access by which persons and vehicles mayenter or leave the controlled access road from/to Allotment 48. These aredescribed as follows:

o Two accesses measuring 8.5 metres in width located on the westernproperty boundary, north of Allotment 28 in DP 28027.

o One access measuring 8.2 metres in width located on the western propertyboundary, south of Allotment 28 in DP 28027.

However, the southern-most proclaimed access appears to be disused. Giventhat this plan of division will allow Allotment 48 to gain access via the abuttinglocal road network, and in keeping with departmental policy to minimise accesspoints onto arterial roads in the interest of road safety, DPTI directs that thisaccess be permanently closed and fenced-off. All access to/from Allotment 48must be gained via the remaining two authorised access points and/or theabutting local road network (clear of the controlled access sections).

It is noted that there is an unauthorised access along Dublin Road that servesproposed Allotment 49. Sight distances to the east of this access point arerestricted due to a prevailing bend in Dublin Road. With that in mind, DPTIdoes not support the continued use of this unauthorised access and directsthat it be permanently closed and fenced-off.

Subsequent to the above access closures, and in view of the understandingthat Allotment 49 will continue to be used for farming purposes only, DPTI willissue a 6.0 metre wide access permit along Dublin Road to serve Allotment 49.This access must be located 50.0 metres west of the existing unauthorisedaccess. The access permit shall be issued for the existing use of the land only.No proclaimed or permitted means of access shall be provided along PortWakefield Road to serve Allotment 49.

Safety and ServiceDivision

Telephone: 8226 8222Facsimile: 8226 8330

GPO Box 1533Adelaide SA 5001

ABN 41 659 119 911

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2

https://www.edala.sa.gov.au/Content/675000/675729/312D00115 car.doc

In view of the above, DPTI supports the subject application and directs that thefollowing conditions be attached to any approval given:

1. The existing Port Wakefield Road access to Allotment 48 (south ofAllotment 28 in DP 28027) shall be permanently closed and fenced off.

2. The unauthorised access to Allotment 49 shall be closed and a new accessprovided 50.0 metres to the west of this point to serve the existing use ofthe land. The new access shall be a maximum of 6.0m wide.

3. No access shall be provided along Port Wakefield Road to serveAllotments 48 and 49.

Furthermore, the following note provides important information for the benefit ofthe applicant and is required to be included in any approval:

i. Upon approval of this application, a copy of the DNF and approved planshould be sent to DPTI’s Road Corridor Management Officer, Mr. DanielSladic, GPO Box 1533, Adelaide 5001 to enable controlled access recordsto be updated and the access permit for Allotment 49 to be issued.

Yours sincerely

A/GENERAL MANAGER, OPERATIONAL SERVICESfor COMMISSIONER OF HIGHWAYS

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Contact Planning ServicesTelephone 7109 7016Facsimile 8303 0604

7th April 2015

Mr Charles MansuetoChief Executive OfficerDistrict Council of MallalaPO Box 18MALLALA SA 5502

Dear Sir

Re: Proposed Development Application No. 312/D001/15 (ID 49608)by Heather Curnow

Further to my letter dated 9th February 2015 and to assist the Council in reaching a decision on this application,copies of the reports received by the Commission from agencies that it has consulted have been uploaded for yourconsideration.

Should Council decide to approve this application, the following requirements of the Development AssessmentCommission must be included as a condition of approval, pursuant to Section 33 (1) (c) of the Development Act.

1. The financial requirements of the SA Water Corporation shall be met for the provision of water supply (SAWater H0029007).

2. A final plan complying with the requirements for plans as set out in the Manual of Survey Practice Volume1 (Plan Presentation and Guidelines) issued by the Registrar General to be lodged with the DevelopmentAssessment Commission for Land Division Certificate purposes.

SA Water Corporation further advise on approval of the application, all internal water piping that crosses theallotment boundaries must be severed or redirected at the developers/owners cost to ensure that the pipeworkrelating to each allotment is contained within its boundaries.

Council’s particular attention is drawn to the comments by the DPTI – Transport Services for this applicationadvising the recommended conditions be attached to any approval issued.

The Commission does not generally support non-complying land division applications without adequate anddetailed justification.

Should Council decide to approve this proposal as a non-complying land division, all relevant detailspertaining to the application will need to be sent to the Development Assessment Commission forconcurrence purposes. You are referred to Section 35 (3) of the Development Act 1993 andRegulation25 (b) of the Development Regulations 2008 with respect to the details required.

Yours faithfully

Mark AdcockPRINCIPAL PLANNERDAC SECRETARIATas delegate of theDEVELOPMENT ASSESSMENT COMMISSIONQ:\PLANNINGSERVICES\TEMPLATES\STATEMENTS\ELECTRONIC\TFF2R edala

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25 February 2015

SA WaterLevel 6, 250 Victoria SquareADELAIDE SA 5000Ph (08) 7424 1119

Our Ref: H0029007 Inquiries CAROL CARYTelephone 7424 1119

The ChairmanDevelopment Assessment Commission136 North TerraceADELAIDE SA 5000Dear Sir/MadamPROPOSED LAND DIVISION APPLICATION NO: 312/D001/15 AT WINDSORIn response to the abovementioned proposal, I advise that pursuant to Section 33 of the DevelopmentAct it is necessary for the developer to satisfy this Corporation's requirements, which are listed below.The financial requirements of SA Water shall be met for the provision of water supply.On approval of the application, all internal water piping that crosses the allotment boundaries must besevered or redirected at the developers/owners cost to ensure that the pipework relating to eachallotment is contained within its boundaries.Yours faithfullyCAROL CARYfor MANAGER LAND DEVELOPMENT & CONNECTIONS