ordinary council meeting - adelaide hills council · 2014. 6. 10. · ordinary council meeting...

ORDINARY COUNCIL MEETING

NOTICE OF MEETING To: Mayor Bill Spragg

Councillors Ward

Councillor Ron Nelson Councillor Jan-Claire Wisdom

Manoah

Councillor Ian Bailey Councillor Jan Loveday

Marble Hill

Councillor Kate Hosking Councillor John Kemp Councillor Simon Jones

Mt Lofty

Councillor Bill Gale Councillor Lynton Vonow Councillor Andrew Stratford

Onkaparinga Valley

Councillor Linda Green Councillor Malcolm Herrmann

Torrens Valley

Notice is hereby given pursuant to the provisions under Section 83 of the Local Government Act 1999 that the next meeting of the Council will be held on:

Tuesday 27 May 2014 6.30pm

63 Mt Barker Road Stirling A copy of the Agenda for this meeting is supplied under Section 83 of the Act. Meetings of the Council are open to the public and members of the community are welcome to attend.

Andrew Aitken Chief Executive Officer

Ordinary Council Meeting AGENDA 27 May 2014

Page 2

AGENDA FOR MEETING

Tuesday 27 May 2014 6.30pm

63 Mt Barker Road Stirling

ORDER OF BUSINESS

Council Vision Nurturing our unique place and people Council Mission Delivering activities and services which build a resilient community, sustain our built and

natural environment and promote a vibrant economy

1. COMMENCEMENT

2. OPENING STATEMENT

“Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land. We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.”

3. APOLOGIES/LEAVE OF ABSENCE

3.1. Apology Cr Ian Bailey

3.2. Leave of Absence Cr Jan Loveday 11 June – 28 June 2014

3.3. Absent

4. MINUTES OF PREVIOUS MEETINGS

Council Meeting – 22 April 2014 That the minutes of the ordinary meeting held on 22 April 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

5. DECLARATION OF INTEREST BY MEMBERS OF COUNCIL


Page 3

6. PRESIDING MEMBER’S OPENING REMARKS

7. REPORTS

7.1. Councillor Reports

7.2. Reports of Members as Council/Committee Representatives on External Organisations

7.3. CEO Report

8. QUESTIONS ADJOURNED/LYING ON THE TABLE

8.1. Questions Adjourned

8.2. Questions Lying on the Table

9. PETITIONS / DEPUTATIONS / PUBLIC FORUM

9.1. Petitions

9.2. Deputations

9.3. Public Forum

10. PRESENTATIONS (by exception)

11. QUESTIONS ON NOTICE

11.1. Cr Andrew Stratford - Resolution 228 – Code of Conduct

12. MOTIONS ON NOTICE

12.1. Cr Malcolm Herrmann - William Street Birdwood street furniture & plaque

13. REPORTS OF COMMITTEES

13.1. Strategic Planning & Development Policy Committee – 13 May 2014 That the minutes of the SPDPC meeting held on 13 May 2014 as supplied, be received and noted.

13.2. Development Assessment Panel – 6 May 2014 That the minutes of the CDAP meeting held on 6 May 2014 as supplied, be received and noted.

13.3. Audit Committee – 19 May 2014 That the minutes of the Audit Committee meeting held on 19 May 2014 as supplied, be received and noted.

13.4. CEO Performance Review Panel – Nil


Page 4

14. OFFICER REPORTS

14.1. Hard Waste Service Review 2013/14

1. That the report be received and noted 2. That a hard waste collection service be undertaken in 2014/15

between 1 October 2014 and 31 March 2015, subject to confirmation as part of the budget-setting process.

3. That the parameters for the hard waste collection service include: a. a cap on net expenditure of $100,000; b. a fee for collection of $20 or $10 for concession card holders being

adopted; and c. the collection be a scheduled booking style service 4. That a Tender process is undertaken to select the service provider for

a two year contract period.

14.2. Lot 63 Hanson Lane Charleston

1. Approves the execution of the Certificate of Consent for the Deposit of a Plan of Division that vests Allotment 63 Hanson Lane, Charleston.

2. Authorises the Mayor and Chief Executive Officer to sign and seal all necessary documentation.

14.3. Upgrades to Carripook Park Bridgewater for offleash dog access

1. That the report be received and noted 2. That Council confirms that dog off leash arrangements at Carripook

Park, Bridgewater remains unchanged at the current time 3. That staff proceed to progressively upgrade fencing at Carripook Park

as operating budgets allow 4. That further consultation of park users, nearby residents and the

broader community be undertaken regarding future Dog Controls in Carripook Park

5. That the strategy for the promotion of off leash parks be noted and a further report on dog access arrangements in Carripook Park be presented to Council in August 2014.

14.4. Budget Review 3

1. That the Budget Variations presented in Budget Review 3 (2013/14) totalling $30,000 favourable, bringing the Adjusted 2013/14 Budget Operating Surplus for the year from $342,000 to $372,000, be adopted.

2. That the purchase of a Vacuum Trailer Pump for $62,000 as an additional capital plant item be approved.

15. MISCELLANEOUS ITEMS

15.1. Documents for signing & sealing – nil

15.2. Status Report – Council Resolutions Update


Page 5

16. QUESTIONS WITHOUT NOTICE

17. MOTIONS WITHOUT NOTICE

18. CONFIDENTIAL ITEMS

18.1. AHBTC Masterplan – Release of Information

19. NEXT MEETING

Tuesday 24 June 2014 6.30pm, 63 Mt Barker Road, Stirling

20. CLOSE MEETING

Council Meeting/Workshop Venues 2014

DATE TYPE LOCATION MINUTE TAKER

June

3 June 2014 CDAP TBA Karen Savage

4 June 2014 Workshop TBA N/A

10 June 2014 SPDPC Woodside Leanne Llewellyn

17 June 2014 Elected Member Training Stirling N/A

24 June 2014 Council Stirling Pam Williams

July 1 July 2014 CDAP TBA Karen Savage

2 July 2014 Workshop TBA N/A

8 July 2014 SPDPC Woodside Leanne Llewellyn

15 July 2014 Elected Member Training Stirling N/A

22 July 2014 Council Stirling Pam Williams

August 5 August 2014 CDAP TBA Karen Savage

6 August 2014 Workshop Stirling N/A

12 August 2014 SPDPC Woodside Leanne Llewellyn

19 August 2014 Elected Member Training TBA N/A

26 August 2014 Council Stirling Pam Williams

September 2 September 2014 CDAP TBA Karen Savage

3 September 2014 Workshop Stirling N/A

9 September 2014 SPDPC Woodside Leanne Llewellyn

Caretaker Mode commences on 16 September 2014 16 September 2014 Elected Member Training TBA N/A

23 September 2014 Council Stirling Pam Williams

October

7 October 2014 CDAP TBA Karen Savage

1 October 2014 Workshop Stirling N/A

14 October 2014 SPDPC Woodside Leanne Llewellyn

21 October 2014 Elected Member Training TBA N/A

28 October 2014 Council Stirling Pam Williams

Periodic Election Polling Day is 7 November 2014 Meetings are subject to change, please check agendas for times and venues. All meetings (except Workshops & Elected Member Training) are open to the public.

Community Forums 2014

DATE TYPE LOCATION

Tues 29 July 2014 Community Forum Cudlee Creek Hall

Tues 30 September 2014 Community Forum Charleston Hall

Item 4 Minutes of Council

55 ADELAIDE HILLS COUNCIL

MINUTES OF ORDINARY COUNCIL MEETING TUESDAY 22 APRIL 2014

63 MT BARKER ROAD STIRLING

Mayor 27 May 2014

In Attendance: Presiding Member: Mayor Bill Spragg

Members:

Councillor Ward

Councillor Ron Nelson Councillor Jan-Claire Wisdom

Manoah


Marble Hill

Councillor Kate Hosking Councillor John Kemp Councillor Simon Jones

Mt Lofty

Councillor Lynton Vonow Councillor Andrew Stratford

Onkaparinga Valley

Councillor Linda Green

Torrens Valley

In Attendance:

Tim Piper Acting Chief Executive Officer

Marc Salver Director Strategy & Development

David Waters Director Community & Customer Service

Lachlan Miller Manager Governance & Risk

Deryn Atkinson Manager Development Services

Helen Smith Community Planning & Engagement Coordinator

Pam Williams Minute Secretary

1. COMMENCEMENT

The meeting commenced at 6.33pm.

2. OPENING STATEMENT

“Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land. We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.”




Mayor 27 May 2014

2.1. Visit from Local Government Association - Years of Service Certificates

Ms Wendy Campana, CEO of the Local Government Association, presented 10 year service certificates to Mayor Bill Spragg & Cr Kate Hosking. 20 year service certificates were awarded to Cr Bill Gale, Cr Ron Nelson and Cr Ian Bailey at the Local Government Association Showcase Dinner on 10 April 2014.


3.1. Apology

Cr Bill Gale

3.2. Leave of Absence

Cr Malcolm Herrmann

3.3. Absent

Nil


4.1. Council Meeting – 25 March 2014

Moved Cr Lynton Vonow S/- Cr John Kemp

That the minutes of the ordinary meeting held on 25 March 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

Carried 67 A Division was requested by Cr Wisdom. The Mayor set aside his ruling and called for a division. In the affirmative (8) Councillors Loveday, Hosking, Jones, Kemp, Green, Nelson, Vonow, Wisdom In the negative (2) Councillors Bailey & Stratford On the basis of the results of the division, the Mayor declared the motion Carried.

5. DECLARATION OF INTEREST BY MEMBERS OF COUNCIL

Nil




Mayor 27 May 2014

6. PRESIDING MEMBER’S OPENING REMARKS

Friday 11th April

LGA ordinary general meeting

o Key outcomes:

Changes to the constitution re President deferred

Constitution changed to remove CEO from Executive Committee

Freight Rail bypass motion - passed

Motion to request Fences Act be amended to require fencing of

development sites - passed

Motion requesting continued funding of digital literacy hubs – lost

Motion to support trial eVoting – passed

Motion requesting amendment of LG Act to require EMs to stand down

if candidates for State or Federal elections – passed

Motion calling for review of Mandatory Code of Conduct for EMs – passed

Motion requesting LG Act be varied to allow councils to vary meeting

times without notice – lost

Saturday 12th April

Acting President’s Brunch and launch of booklet for women in local government

Sunday 13th April

Paracombe Pony and Equestrian Club, Paracombe: attended ceremonial turning

on of reconnected power. Power line had been brought down by falling tree limb

and Council had provided a grant towards undergrounding of power line.

Mt Torrens CFS: celebrating 60 years of service and commissioning of a new station

Monday 14th April

Stephen Packer EPA re CWMS

Playford Trust scholarship presentations

Tuesday 15th April

Finding Workable Solutions re Heathfield Transfer Station

Monday 21st April

Adelaide Hills Sculpture Symposium closing ceremony

Tuesday 22nd April

Bridgewater resident re development

Media - Wednesday 16th April

891 ABC: Mike Smyth interview covering many general topics including:

o Cycling o Bushfires

o Development

o World Heritage listing




Mayor 27 May 2014

7. REPORTS

7.1. Councillor Reports

Cr Wisdom – SA Regional Awards, Women in Community Leadership Seminar, SA Local Government Women’s Breakfast, LGA GM/Showcase & Dinner, Adelaide Hills International Sculpture Symposium (AHISS) closing ceremony Cr Kemp – AHISS closing ceremony Cr Bailey – LGA Dinner Cr Stratford – Woodside Sporting & Recreation Ground AGM Cr Linda Green – Mt Torrens Community Association, Mt Torrens CFS opening

7.2. Reports of Members as Council/Committee Representatives on External Organisations

7.2.1. Upper Torrens Land Management Group – Cr Malcolm Herrmann

7.2.2. East Waste Board Meeting – Cr Linda Green

7.3. CEO Report

Tim Piper, A/CEO, provided Council with a verbal Corporate Update including: Customer Service Framework 5S at Heathfield Depot Youth activities – YAC Staff matters


8.1. Questions Adjourned 8.1.1. Code of Conduct Complaint Cr Andrew Stratford

Leave of the meeting was granted to allow Councillors to speak a second time. Moved Cr Andrew Stratford S/- Cr Ian Bailey

That Council: 1. Considers the matter referred to as resolution 228 “Code of Conduct Complaint”

in the Adelaide Hills Council minutes dated 10 December 2013 as complied with and therefore finalised.

2. Removes item dated 10 December 2013 Resolution 228 from the Council Resolutions Update.

Lost

8.2. Questions Lying on the Table Nil




Mayor 27 May 2014


9.1. Petitions

Nil

9.2. Deputations

Nil

9.3. Public Forum

Mr John Hill, Stirling District Residents Association re Park’N’Ride facilities, footpath on Oakbank Street from edge of oval to corner of Johnston Street & concerns about future petrol station redevelopment in Stirling.

10. PRESENTATIONS (by exception)

Nil


Nil


12.1. Renaming Stirling Linear Park

Moved Cr John Kemp S/- Cr Kate Hosking

That Council conducts community consultation to rename Stirling Linear Park as Woorabinda Bushland Reserves. The four reserves which constitute Stirling Linear Park will retain their existing names. This process will be in accordance with Council’s policies for Place and Road Naming and Public Consultation. VARIATION (with leave of the meeting)

Moved Cr John Kemp S/- Cr Kate Hosking

That Council conducts community consultation on renaming Stirling Linear Park, with one suggestion being Woorabinda Bushland Reserves. The four reserves which constitute Stirling Linear Park may retain their existing names. This process will be in accordance with Council’s policies for Place and Road Naming and Public Consultation.

Carried 68




Mayor 27 May 2014

13. REPORTS OF COMMITTEES

13.1. Strategic Planning & Development Policy Committee – 8 April 2014 Moved Cr Ian Bailey S/- Cr Jan-Claire Wisdom

That the minutes of the Strategic Planning & Development Policy Committee meeting of 8 April 2014 as distributed, be received and noted.

Carried Unanimously 69

13.1.1. Development Assessment Panel – 1 April 2014

Moved Cr Linda Green S/- Cr Jan Loveday

That the minutes of the Development Assessment Panel meeting of 1 April 2014 as distributed, be received and noted.

Carried Unanimously

70 13.1.2. Audit Committee

Nil

13.1.3. CEO Performance Review Panel

Nil

14. OFFICER REPORTS

14.1. Consultation re former Mt Torrens CFS Shed Moved Cr Linda Green S/- Cr Ian Bailey

That Council resolves to: 1. Note the findings of the community consultation undertaken at the open

day 30 March, 2014. 2. Retain ownership of the land. 3. Investigate the costs:

of retaining and upgrading the CFS Shed with associated landscaping and public toilet provision

of removing the CFS Shed with associated landscaping and public toilet provision

of removal and replacement with an alternative structure with associated landscaping and public toilet provision

of upgrading the existing Coach house




Mayor 27 May 2014

4. Report back to Council by June 2014 on the outcome of the costings investigations.

5. Continue to work with the Mount Torrens District and Community Association Inc. (MTDCA) in investigating the costing options.

6. Notes the MTDCA preferred site for the AHISS sculpture is the former CFS site.

Carried 71

14.2. Transfer of land to Public Road – Epiphany Place, Crafers Moved Cr Kate Hosking S/- Cr Lynton Vonow

That Council: 1. approves the execution of the Certificate of Consent for the Deposit of a

Plan of Division that vests Allotment 52 Epiphany Place in the name of the Adelaide Hills Council.

2. authorises the Mayor and Chief Executive Officer to sign and seal all necessary documentation.

Carried 72

14.3. Hills Voice Working Party

Moved Cr Jan Loveday S/- Cr Linda Green

1. The Terms of Reference for the Australia Day Awards Panel as contained

in Appendix 1 be adopted. 2. The Terms of Reference for the Hills Voice Reference Panel as contained

in Appendix 2 be adopted. Carried Unanimously

73

14.4. Request for waiver of CWMS contribution fee for Mt Torrens CFS 8.33pm Cr Linda Green declared a conflict of interest as she is a member and President of the Mt Torrens CFS Brigade and left the meeting room. 8.50pm Cr Kemp left the meeting room 8.52pm Cr Kemp returned to the meeting room




Mayor 27 May 2014

Moved Cr Kate Hosking S/- Cr Lynton Vonow

That Council agrees to waive the $3470 CWMS contribution fee payable for the local Mount Torrens CFS brigade at Lot 11 Springhead Road Mount Torrens in Development Application 473/D38/11.

Carried unanimously 74

8.53pm Cr Green returned to the meeting room. 8.53pm Cr Vonow left the meeting room

14.5. Building Fire Safety Committee Membership and Update Moved Cr Ian Bailey S/- Cr Ron Nelson

That Council resolves: 1. The report be received and noted; and 2. Appoints the following people as members of the Adelaide Hills Council

Building Fire Safety Committee as the appropriate authority for the purposes of Section 71 of the Development Act 1993 until 31 March 2017: a. Peter Harmer, Contract Building Surveyor/Building Engineer, as a

person with expertise and qualifications in building surveying, engineering and building fire safety;

b. Colin Paton, as a person nominated by the Country Fire Service, with Julian Aggiss and Ray Jackson nominated as deputy members;

c. Zig Osis, Team Leader Building Services as an authorised Council officer with expertise and qualifications in building surveying and building fire safety;

d. Deryn Atkinson, Manager Development Services as an authorised Council officer, with Marc Salver appointed as a deputy member.


14.6. Long Term Financial Plans Moved Cr Kate Hosking S/- Cr Jan-Claire Wisdom

That Council resolves to adopt the Adelaide Hills Council Long Term Financial Plan prepared in February 2014.





Mayor 27 May 2014

15. MISCELLANEOUS ITEMS

15.1. Documents for signing & sealing

8.55pm Cr Vonow returned to the meeting room 8.56pm Cr Hosking left the meeting room

15.2. Status Report – Council Resolutions Update

Moved Cr Lynton Vonow S/- Cr Linda Green

That Council resolves: 1. The Council Action List be received and noted 2. The following completed items be removed from the Action List:

2/06/2009 Greenhill Playground

22/01/2013 Road Closure Marble Hill Rd Ashton

21/01/2014 Reclassification of the former Mt Torrens CFS Site, 17 Townsend Street

11/02/2014 CEO Performance Review Panel (CEOPRP)

25/02/2014 Northern Bypass” Freight Train Line Diversion

25/03/2014 Petition - Lobethal Retirement Village Grounds

25/03/2014 Community Forums

25/03/2014 Dog Registration Fees

25/03/2014 LMA Waiver 203 Sturt Valley Rd Upper Sturt

25/03/2014 Appointment Deputy Presiding Member SPDPC

25/03/2014 Audit Committee Sitting Fees

25/03/2014 Audit Committee Appointments



25/03/2014 Budget - Budget Review 2

25/03/2014 Adelaide Hills Business & Tourism Centre Advisory Group

25/03/2014 Adelaide Hills Business & Tourism Centre Advisory Group

25/03/2014 Cemeteries Advisory Group

25/03/2014 Stirling Linear Park Advisory Group

25/03/2014 March Delegations Review

25/03/2014 Code of Practice for Access to Council & Committee Meetings & Documents

25/03/2014 Code of Practice for Meeting Procedures

25/03/2014 Code of Practice for Meeting Procedures

25/03/2014 CONFIDENTIAL - Disposal of Land, Renewal SA

8/04/2014 Internal Review of Council Decisions Policy

8/04/2014 Fraud and Corruption Prevention Policy

8/04/2014 Revised Community & Primary Production Grant Policy

Carried unanimously

77




Mayor 27 May 2014


Cr Kemp re Park’N’Ride meeting with SDRA, DPTI & Council officers. 8.58pm Cr Hosking returned to the meeting room.


Nil

17.1. Meeting adjournment

Moved Cr Ian Bailey S/- Cr John Kemp

That the meeting adjourn for a 10 minute break.


Item 13.1 was revisited at this time as a vote was required on the recommendation of the Strategic Planning & Development Policy Committee.

13.1 Strategic Planning & Development Policy Committee – 8 April 2014

Moved Cr Ian Bailey S/- Cr Jan-Claire Wisdom

1. That having considered the recommendations of the Committee, which

has read and considered the reports in the agenda related to Items:

12.4 Strategic Planning & Development Policy Committee Terms of

Reference To recommend to Council to revoke the 9 April 2013 Strategic

Planning & Development Policy Committee Terms of Reference and to adopt the draft April 2014 Strategic Planning & Development Policy Committee – terms of Reference with the following changes:

3.1 The Committee shall consist of all elected members 3.2 The Council will appoint the Presiding Member

Council adopts the motions as printed.

Carried Unanimously

79




Mayor 27 May 2014

MATTER ARISING

13.1.1 Presiding Member of Strategic Planning & Development Policy Committee

The Acting Chief Executive Officer, as Returning Officer, called for nominations. A nominations was received for Mayor Bill Spragg. There being one nomination for one position, the Returning Officer indicated that an election was not necessary.

Moved Cr John Kemp S/- Cr Jan Loveday

That Mayor Bill Spragg be appointed as Presiding Member of the Strategic Planning & Development Policy Committee for the term of this Council.

Carried Unanimously

80

18. CONFIDENTIAL ITEMS

18.1. RLMAG Grazing Broadacre Representative – Exclusion of the Public

Moved Cr Ian Bailey S/- Cr Jan Loveday

Pursuant to section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, except:

A/CEO, Tim Piper

Director Strategy & Development, Marc Salver

Director Community & Customer Service, David Waters

Manager Governance & Risk, Lachlan Miller

Minute Secretary, Pam Williams be excluded from attendance at the meeting for Agenda Item 17.1: Appointment of a Grazing/Broadacre Representative to the Rural Land Management Advisory Group (RLMAG). The Council is satisfied that, pursuant to section 90(3)(a) of the Act, the information to be received, discussed or considered in relation to the Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), because it would disclose the personal details of candidates who have expressed an interest to be on the Advisory Group. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because consideration of the item in a public forum would unreasonably disclose the personal details of candidates who have expressed an interest to be on the Advisory Group.





Mayor 27 May 2014

18.1.1. RLMAG Grazing Broadacre Representative – Confidential Item




Mayor 27 May 2014

18.1.2. RLMAG Grazing Broadacre Representative – Period of Confidentiality

Moved Cr Lynton Vonow S/- Cr Jan Loveday

That having considered Agenda Item 18.1 in confidence under section 90(2) and (3)(a) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act orders that the documents and reports pertaining to this matter, including discussions and considerations, be retained in confidence until the appointment has been confirmed, but not longer than 1 month.

Carried unanimously

83

18.2. Adelaide Hills Region Waste Management Authority – Exclusion of the Public Marc Salver Moved Cr Linda Green S/- Cr Ian Bailey


A/CEO, Tim Piper




Minute Secretary, Pam Williams be excluded from attendance at the meeting for Agenda Item 17.2 Adelaide Hills Region Waste Management Authority (AHRWMA) update and consideration of Options. The Council is satisfied that, pursuant to sections 90(3)(b), (d) and (i), the information to be received, discussed or considered in relation to the Agenda Item is:

(b) information the disclosure of which —

(i) could reasonably be expected to confer a commercial advantage on a person with whom the Authority is conducting, or proposing to conduct, business, or to prejudice the commercial position of the Authority; and

(ii) would, on balance, be contrary to the public interest;

(d) commercial information of a confidential nature (not being a trade secret) the disclosure of which—




Mayor 27 May 2014

(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

(ii) would, on balance, be contrary to the public interest; (i) Information relating to actual litigation, or litigation that the council or

council committee believes on reasonable grounds will take place, involving the council or an employee of the council; -

because the Council is to consider an offer from a competitor with regard to where to take its waste stream, and to consider the long term implications and options in relation to the Regional Waste Management Authority of which it is a member, and due to the fact that the competitor has initiated legal proceedings against the aforementioned Authority. In addition the disclosure of this information would, on balance, be contrary to the public interest. The public interest in public access to the meeting has been balanced against the public interest in the continued non-disclosure of the information. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because consideration of the item in a public forum would disclose the details of the commercial offer and legal action which may prejudice the Regional Waste Management Authority’s case.





Mayor 27 May 2014

18.2.1. Adelaide Hills Region Waste Management Authority – Confidential Item




Mayor 27 May 2014

18.2.2. Adelaide Hills Region Waste Management Authority – Period of Confidentiality

Moved Cr Ian Bailey S/- Cr Jan-Claire Wisdom

That having considered Agenda Item 18.2 in confidence under section 90(2) and (3)(a) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act orders that the documents and reports pertaining to this matter, including discussions and considerations, be retained in confidence until the legal action has been concluded, but no longer than 12 months, pursuant to section 91(9).


18.3. Cemetery Advisory Group Selection of Independent Members – Exclusion of Public Moved Cr Kate Hosking S/- Cr Jan Loveday

Pursuant to Section 90(2) and (3)(a) of the Local Government Act 1999, an order be made that the public, with the exception of appropriate Council staff:

A/CEO, Tim Piper




Minute Secretary, Pam Williams be excluded from attendance at the meeting in order to receive, discuss or consider in confidence any information or matter relating to Section 90(3): (a) Information the disclosure of which would involve the unreasonable

disclosure of information concerning the personal affairs of any person (living or dead).

The Council is satisfied that, pursuant to section 90(3)(a) of the Act, the information to be received, discussed or considered in relation to the Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), because it would disclose the personal details of candidates who have expressed an interest to be on the Advisory Group. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because consideration of the item in a public forum would unreasonably disclose the personal details of candidates who have expressed an interest to be on the Advisory Group.





Mayor 27 May 2014

18.3.1. Cemetery Advisory Group Selection of Independent Members – Confidential Item




Mayor 27 May 2014

18.3.2. Cemetery Advisory Group Selection of Independent Members – Period of Confidentiality

Moved Cr Linda Green S/- Cr Lynton Vonow

That having considered this matter in confidence under section 90(2) and 90 (3) (a) of the Local Government Act 1999, the Council, pursuant to section 91(7) of the Local Government Act 1999, orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the appointments have been confirmed, but not longer than 12 months, pursuant to section 91(9). That, pursuant to section 91(9)(c) of the Local Government Act 1999, the Chief Executive Officer be authorised to release documents at the conclusion of the period of confidentiality. Carried unanimously 89

18.4. Local Heritage DPA Stage 1 Statement of Intent – Exclusion of the Public Moved Cr Ian Bailey S/- Cr Kate Hosking


A/CEO, Tim Piper




Minute Secretary, Pam Williams be excluded from attendance at the meeting for Agenda Item 18.4: Endorsement of a new Statement of Intent for Council’s Local Heritage DPA – Stage One. The Council is satisfied that, pursuant to section 90(3)(m) of the Act, the information to be received, discussed or considered in relation to the Agenda Item is information the disclosure of which would unreasonable in terms of: a) their commercial impact on property values or development intentions

of buildings and other types of heritage place to potentially be included on Table AdHi/2 of the Adelaide Hills Council Development Plan as a result of Council’s Local Heritage DPA; and,

b) information from draft Development Plan Amendments can only be made public after the Minister for Planning has approved the draft DPA for public consultation.




Mayor 27 May 2014

The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because consideration of the item in a public forum would disclose the sensitive information relating to properties with potential to be included in the Local Heritage list noted above.





Mayor 27 May 2014

18.4.1. Local Heritage DPA Stage 1 Statement of Intent – Confidential Item




Mayor 27 May 2014

18.4.2. Local Heritage DPA Stage 1 Statement of Intent – Confidential Item

Moved Cr Ian Bailey S/- Cr Linda Green

That having considered Agenda Item 18.4 in confidence under section 90(2) and (3)(m) of the Local Government Act 1999, the Council, pursuant to section 91(7) of that Act orders that the documents, reports and minutes pertaining to this matter, including discussions and considerations, be retained in confidence until the Council’s Local Heritage Development Plan Amendment has been approved by the Minister for Planning, and made available for public consultation, pursuant to section 91(9).

Carried unanimously

92

19. NEXT MEETING

The next ordinary meeting of the Adelaide Hills Council will be held on Tuesday 27 May 2014 from 6.30pm at 63 Mt Barker Road, Stirling.

20. CLOSE MEETING The meeting closed at 9.45pm.

ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING

Tuesday 27 May 2014 AGENDA BUSINESS ITEM

Item: 11.1 Question on Notice Originating from: Cr Andrew Stratford Subject: Resolution 228 – Code of Conduct

Strategic Plan Goal: 4 - A Recognised Leading Performer Strategic Plan Key Theme: 4.1 - Leadership

QUESTION

1. In relation to the letter from Mayor Spragg to myself dated 13th March: a) Does the CEO endorse the comments made in this document? b) What explanation will the CEO provide for; on the night of the March

Council meeting not appearing to be aware of the detail of the contents of this letter from Mayor Spragg, and not providing a response when asked if the legal advice referred to in this letter was in fact authorised by him at the time it was sought - however in the April meeting, Mr Miller, is explicit in his report that the legal advice was indeed authorised by the CEO? (the Mayor indicated on the night that the legal advice was provided by staff, however not the CEO).

2. In what circumstances can the Mayor and/or CEO choose to add words to, take

words from or alter the wording of any Council resolution without the matter first coming to Council?

3. In what circumstances can any other staff member of Council, choose to add words

to, take words from or alter the wording of any Council resolution without the matter first coming to Council?

4. Given that the resolution passed by Council is quite clear in its wording: "that

Council requests that Cr Andrew Stratford issue an apology to Council" - and that this Council exists until the next Council is formed in November this year - is any subsequent variation made to this resolution by any staff member, or any Elected Member (without the matter coming back to Council), and regardless of who might think it is a good idea, a binding action or indeed even considered a legal variation?

5. In regard to resolution 186 from the 8th October 2013 Council meeting, which (in

part) says that the CEO write to various government officials to ask for their consideration in decisions around the closure of the Inverbrackie APOD:

a) Has this letter with this request been written?

b) If so, regardless of whether they have considered our request or not, does the Mayor / CEO therefore consider this resolution as having been complied with?

c) If so, has this item since been removed from the Councils outstanding action

list? 6. In regard to resolution 2 from the 25th February 2014 SPDPC meeting, which (in

part) says that the CEO and Mayor write to various Government officials to seek their in principle support for the proposed Northern Bypass freight train line diversion:

a) Has this letter with this request been written? b) If so, regardless of whether we have their in principle support or not, does the

Mayor / CEO therefore consider this resolution as having been complied with? c) If so, has this item since been removed from the Councils outstanding action

list? 7. In regard to resolution 228 from the 10th December 2013 Council meeting, which

says that Council requests that Cr Stratford issue an apology to Council:

a) Has this letter with this request been written? b) If so, regardless of whether the apology has occurred to date or not, does the

Mayor / CEO therefore consider this resolution as having been complied with? c) If so, has this item since been removed from the Councils outstanding action

list? 8. To date, what total costs have been incurred by Council - including LG costs, legal

costs and Council staff time, in the quest to investigate, penalise and continue with this pursuit of Cr Stratford over his comments in seeking "best practice" standards with regard to the 6/5 vote taken over the Representation Review issue, and the subsequent code of conduct complaint lodged by Cr Kemp?

BACKGROUND

At the March Council meeting, Cr Herrmann asked if I could submit the questions I was seeking a response to, in relation to the processes used, costs to Council and the legality of altering Council resolutions outside of Council meetings, as Questions on Notice. Cr Herrmann was an apology at the April meeting of Council. The motion which previously had been moved and seconded, and which he had consequently asked to 'lay on the table' (and was agreed with) was later listed in this agenda as a 'adjourned item' and was therefore discussed at this meeting - and in his absence. The result of the debate on this motion - which was to finalise this matter at this time and therefore remove it from the action list, was not supported by a majority of Councillors present and therefore was lost. Consequently the matter still continues to roll on, and in fulfilling the undertaking I gave to Cr Herrmann, and the fact that for some Councillors the matter still remains unresolved, I therefore now submit the following questions on notice.

OFFICER’S RESPONSE – Andrew Aitken, Chief Executive Officer

A number of the ‘Questions on Notice’ relate to debate which occurred at the 25 March 2014 Ordinary Council meeting during agenda items 14.2 - Council Resolutions Update and 16.0 - Motions Without Notice. To provide responses to this QON, the transcript of the meeting was reviewed and extracts included where appropriate below. In reference to the background to the QON in the preceding section, there is an assertion that Cr Herrmann asked for the item to ‘lay on the table’. From a review of the transcript no instances were found that Cr Herrmann requested, moved or discussed that the matter ‘lay on the table’. Cr Herrmann (in discussion regarding the tabling of legal advice) stated:

I require that the CEO table the legal advice that the council has received in regard to the interpretation of the council resolution 228. As I understand it now (indistinct) tabled that then we reconsider it when that information is tabled…

Responses to questions: Q1 - In relation to the letter from Mayor Spragg to myself dated 13th March:-

a) - Does the CEO endorse the comments made in this document?

Letters from the Mayor to Council Members do not require the CEO’s endorsement however the contents of the letter appear to be consistent with the legal advice received.

b) - What explanation will the CEO provide for; on the night of the March Council meeting not appearing to be aware of the detail of the contents of this letter from Mayor Spragg, and not providing a response when asked if the legal advice referred to in this letter was in fact authorised by him at the time it was sought - however in the April meeting, Mr Miller, is explicit in his report that the legal advice was indeed authorised by the CEO? (the Mayor indicated on the night that the legal advice was provided by staff, however not the CEO).

The three questions asked by Cr Stratford directed or referring to the CEO in relation to the 13 March 2014 letter are replicated below along with the answer provided: Cr Stratford: I guess my first question then in relation to the letter from Mayor

Spragg to myself dated 13 March as tabled. Question A: does the CEO endorse the comments made in this document?

Mayor Spragg: I’m telling the CEO he doesn’t have to respond to that question.

As such, a response was not provided by the CEO. Cr Stratford: Question 2 that I have in this regard is where the Mayor refers to

himself as having obtained legal advice that 3 months could reasonably be considered sufficient time for compliance, was the decision to obtain legal advice authorised by the CEO? That’s a question to the Mayor.

As the question was directed to the Mayor, the CEO did not respond.

Cr Stratford: Is the CEO aware of the Council’s policy on Mayors/Chairpersons

seeking legal advice?

CEO Through you your Worship, Councillor, not the specific details contained in it.

At no stage during the debate on 25 March 2014 was the CEO required to comment on the contents of the letter and therefore no comments were made by the CEO on the contents of the letter.

For the purposes of clarity, the Mayor consulted with the CEO during the drafting of the 13 March 2014 letter.

Notwithstanding that Cr Stratford made a statement that he believed the legal advice was not authorised by the CEO, at no stage during the debate was the CEO asked whether the legal advice referred to in the 13 March 2014 letter was authorised by him.

For the purposes of clarity, at a meeting between the CEO and Manager Governance & Risk in the days following the 11 February 2014 Ordinary Council meeting, resolution 228 (and the breach) was discussed in terms of how it should be managed. As the mandatory Code of Conduct for Council Members was only a few months old, it was agreed that little case law or administrative practice had been established in relation to managing breaches. The CEO authorised the Manager Governance & Risk to seek legal advice on two matters: (1) whether the resolution was deficient for not containing a timeframe; and (2) would the resolution be satisfied if Cr Stratford declined to apologise? This advice was obtained from Natasha Jones of KelledyJones on 18 February 2014 by telephone and was file noted. The file note was provided to Council at its 22 April 2014 Ordinary meeting.

2. In what circumstances can the Mayor and/or CEO choose to add words to,

take words from or alter the wording of any Council resolution without the matter first coming to Council?

Once a resolution has been made by the Council/Committee, no changes can be made to the literal wording. In situations where the resolution proves to be inadequate, Council/ Committee may subsequently resolve a complementary resolution (as long as the second resolution does not negate, amend or contradict the original resolution). If however Council/Committee determines a need to either revoke or amend a resolution it must do so via a written notice of motion (known as a rescission motion). If the rescission motion is lost, a motion of the same effect cannot be brought (a) until the expiration of 12 months; or (b) until after the next general election, whichever is sooner. Notwithstanding the above, all resolutions are subject to interpretation. Further section 58(1)(b) of the Local Government Act 1999 states that one of the roles of the principal member is:

If requested, to provide advice to the chief executive officer between council meetings on the implementation of a decision of the council.

3. In what circumstances can any other staff member of Council, choose to add

words to, take words from or alter the wording of any Council resolution without the matter first coming to Council?

As per the response to Question 2.

4. Given that the resolution passed by Council is quite clear in its wording: "that

Council requests that Cr Andrew Stratford issue an apology to Council" - and that this Council exists until the next Council is formed in November this year - is any subsequent variation made to this resolution by any staff member, or any Elected Member (without the matter coming back to Council), and regardless of who might think it is a good idea, a binding action or indeed even considered a legal variation?

A variation to the wording of the resolution can only be made in the manner described in the response to Question 2.

5. In regard to resolution 186 from the 8th October 2013 Council meeting, which

(in part) says that the CEO write to various government officials to ask for their consideration in decisions around the closure of the Inverbrackie APOD:


Yes a letter was sent to the then Minister for Immigration and Border Protection.

b) If so, regardless of whether they have considered our request or not,

does the Mayor / CEO therefore consider this resolution as having been complied with?

Yes the resolution has been complied with.

c) If so, has this item since been removed from the Councils outstanding

action list?

Council resolved to remove the item from the Action List at its 10 December 2013 Ordinary meeting (resolution 234).

6. In regard to resolution 2 from the 25th February 2014 SPDPC meeting, which

(in part) says that the CEO and Mayor write to various Government officials to seek their in principle support for the proposed Northern Bypass freight train line diversion:


Yes letters were sent to Hon Jamie Briggs MP, Hon Iain Evans MP, Ms Isobel Redmond MP, Mr Mark Goldsworthy MP. Copies were sent to Hon Warren Truss and Hon Anthony Albanese.

b) If so, regardless of whether we have their in principle support or not,

does the Mayor / CEO therefore consider this resolution as having been complied with?

Yes the resolution has been complied with.

c) If so, has this item since been removed from the Councils outstanding

action list?

Council resolved to remove the item from the Action List at its 22 April 2014 Ordinary meeting (resolution 77).

7. In regard to resolution 228 from the 10th December 2013 Council meeting,

which says that Council requests that Cr Stratford issue an apology to Council:


The resolution did not require a letter to be written as was the case for resolutions identified in Questions 5 and 6. The request was made known to Cr Stratford via three methods:

Verbally upon Cr Stratford’s return to the Council Chamber following consideration of agenda item 13.4 at the 10 December 2013 Ordinary Council meeting

In writing via the minutes of 10 December 2013 Ordinary Council meeting

In writing via a reminder letter, dated 13 March 2014, from the Mayor to Cr Andrew Stratford after a period of 3 months had elapsed from the 10 December 2013 resolution.

b) If so, regardless of whether the apology has occurred to date or not, does

the Mayor / CEO therefore consider this resolution as having been complied with?

The examples used in Questions 5 and 6 relate to Council resolutions concerning third parties (i.e. individuals/entities outside of Council). Council regularly makes resolutions regarding actions that the Mayor should undertake, a recent example regarding Epiphany Place, as per below:

That Council authorises the Mayor and Chief Executive Officer to sign and seal all necessary documentation.

In these situations, the resolution is not complied with under the action has been undertaken by the Mayor (and CEO). It is far less common for Council to request actions by a Council Member and therefore without a clear precedent as to how these items are to be managed, the Administration acknowledges the Motion Without Notice from Cr Stratford at the 25 March 2014 Ordinary meeting seeking Council’s consideration as to whether resolution 228 had been complied with and therefore finalised. This motion was not resolved until Council’s 22 April 2014 Ordinary meeting at which time it was LOST. The Administration must interpret this outcome as Council determining that the matter has not been finalised by the actions which had occurred up until that decision.

c) If so, has this item since been removed from the Councils outstanding action list?

In line with Council’s determination of 22 April 2014, the item has not been removed from the Council Action List.

8. To date, what total costs have been incurred by Council - including LG costs, legal

costs and Council staff time, in the quest to investigate, penalise and continue with this pursuit of Cr Stratford over his comments in seeking "best practice" standards with regard to the 6/5 vote taken over the Representation Review issue, and the subsequent code of conduct complaint lodged by Cr Kemp?

It should be noted that the reference to the 6/5 carried vote occurred at the 25 June 2013 SPDPC meeting (resolution 30) regarding the preferred option to be recommended to Council (as it was a committee meeting the presiding member had a deliberative vote but no casting vote). The 6/5 vote was the result of a division called on the matter. The SPDPC’s 25 June 2013 resolution (30) was considered at the 13 August 2013 Ordinary Council meeting. In considering a motion which included the SPDPC’s recommendation, Council resolved with a 7/5 carried vote (as it was a council meeting, the presiding member had a casting vote only which was not exercised). Again the 7/5 vote was the result of a division called on the matter. The costs associated with processing the code of conduct complaint (not including Council meetings) and the subsequent actions have been estimated in the following table:

Action Estimated

Cost

Receipt of Code of Conduct Complaint (CEO – 0.5 hrs)

$47

Preparation of evidence and referral to the Local Government Governance Panel (LGGP) (CEO – 1 hrs, EA – 2 hrs)

$163

Interview of CEO by LGGP investigator and follow-up (CEO – 0.5 hrs)

$47

Cost of LGGP investigation and report (GST excl)

$3,875

Receipt of LGGP report and preparation of 10 December 2014 Council report (CEO – 0.5 hrs, MGR – 5 hrs)

$328

Discussions with the Mayor and Cr Stratford regarding the matter (CEO – 2 hrs)

$188

Legal advice – KelledyJones – 18 February 2014 (GST excl)

$143

File noting of legal advice and letter preparation (MGR – 3 hrs)

$169

Transcribing of extracts of Council meetings (EA – 8 hrs)

$277

Preparation of 22 April 2014 Council report (MGR – 1 hr)

$56

Response to 22 May 2014 QON (CEO – 1 hrs, MGR – 6 hrs)

$432

TOTAL $5,725



Item: 12.1 Motion on Notice Originating from: Cr Malcolm Herrmann Subject: William Street Birdwood street furniture and

plaque

Strategic Plan Goal: Goal 1: A Safe & Connected Community

Strategic Plan Key Theme: 1.2: Community Participation

1. MOTION

That council, as a consequence of the SPDPC resolution No 29 dated 13 May 2014, approves: 1. The construction of a piece of street furniture and installation in William Street

Birdwood, in the vicinity of where the trees will be removed, provided suitable timber is available from those trees.

2. The erection of a plaque acknowledging the residents who donated funds to

plant the initial avenue.

3. Place a memorial with names in the Birdwood Institute in consultation with the Friends of the Birdwood Institute.

4. Suitable timber to be made available to the Friends of the Birdwood Institute (FBI) to enable the Committee to make some small wood pieces (eg bowls) to display in the Institute.

5. The CEO investigate a source of funds for the projects. 1 and 2 to be undertaken in consultation with the community.

5. BACKGROUND

At its meeting held on 13 May 2014, the SPDPC resolved:

That the Strategic Planning & Development Policy Committee resolves: 1. That the report and the recommendations in the Arborist Report

(Appendix 1) be received and noted. 2. That the findings of the research undertaken to determine the historical

significance of the trees which were planted as an Avenue of Memory by members of the community who may have been original settler families or families of significance who had made Birdwood their home, be noted.

3. To support replacement or pruning of Claret Ash trees over a two year

period where the Arborist Report indicates that such work is required. 4. That the residents of William Street be advised of Council’s decision and

the likely start date for maintenance work/tree removal. During the debate, I advised members that I would be proposing such a motion, but was advised, in terms of process, to put forward a motion on notice. To ensure that the history of the trees is not lost, the residents have asked that a piece of street furniture, possibly a seat (there is not a seat on William Street) and a plaque with the names of the donors be installed. Residents would like to be consulted in the process.

The FBI has requested that it is given the opportunity to obtain some of the wood. It proposes to make some small bowls, plates etc. to show in a proposed Historical display cabinet.

6. OFFICER’S RESPONSE – Chris Button, Acting Director Engineering

As indicated at the SPDPC meeting of 13 May 2014, Council staff will endeavour to salvage wood of sufficient quality to enable some of the wood to reused to create a piece of street furniture or other local uses. Given the extent of deterioration of the trees that are earmarked for initial removal it is unlikely that timber of sufficient quality could be salvaged in the early stages of the project. The timber salvaged in the later maintenance and removal will be more likely to be of sufficient quality to create the street furniture suggested. In the interim it will be necessary to create a design and source a manufacturer for this furniture. It has been confirmed that the plantings on William Street were established as an avenue of memory for the pioneers of Birdwood. Investigations have also produced a list containing names of contributors to the avenue of trees. Unfortunately there is no historical verification of the origin, completeness or accuracy of this document as it has not been able to be verified in other historic records of Birdwood. The installation of plaque commemorating the avenue and its purpose has merit, as does the list of names, which could be commemorated via a framed parchment or a similar document displayed in the Birdwood Institute or another public building in Birdwood. A community engagement plan will be developed to consult on the design and creation of street furniture, placement and content of a memorial plaque, and seeking verification and possible commemoration of the donors to the avenue of trees.

Budget Implications

The cost of this project will vary depending on the nature of the street furniture and size and content of the plaque. It is anticipated that the total cost could be up to $5,000. There is currently no budget allocated for this type of project and funds may need to be allocated via a budget review process once the full scope of the project is understood.

Item 13 Reports of Committees


MINUTES OF STRATEGIC PLANNING & DEVELOPMENT POLICY COMMITTEE MEETING TUESDAY, 13 MAY 2014

36 NAIRNE ROAD WOODSIDE

Mayor _________10 June 2014

In Attendance: Presiding Member: Mayor Bill Spragg Members:

Councillor Ward

Councillor Ron Nelson Manoah


Marble Hill

Councillor Kate Hosking Councillor John Kemp

Mt Lofty


Onkaparinga Valley


Torrens Valley

In Attendance:


Tim Piper Director Corporate Services




Chris Button Manager, Special Projects

Mark de Lange Community Development Officer, Youth & Recreation

Dennis Rainsford Team Leader Regulatory Services, Waste, Health & Regulatory Services

Geoff Hood Manager Works & Services

Megan Sutherland Manager Organisational Development

Leanne Llewellyn Minute Secretary

1. COMMENCEMENT The meeting commenced at 6.35pm.


2.1. Apology

An apology was received from Councillor Simon Jones and is accepted.




Mayor _________10 June 2014

2.2. Leave of Absence Nil

2.3. Absent

Nil


3.1. Strategic Planning & Development Policy Committee – 8 April 2014

Moved Cr Lynton Vonow S/- Cr Malcolm Herrmann


That the minutes of the Strategic Planning & Development Policy Committee meeting held on 8 April 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4. DECLARATION OF INTEREST BY MEMBERS OF THE COMMITTEE

Nil

5. PRESIDING MEMBER’S OPENING REMARKS Mayoral Activities since April 22nd

Friday 25th April

Stirling Anzac Day dawn service

Sunday 27th April

Stirling Market and Laneways Market

Tuesday 29th April

EPA: Water Quality Improvement Program

Wednesday 30th April

Met with member for Bragg, Vickie Chapman about various issues

Conducted a Citizenship Ceremony

Thursday 1st May

Tasting Australia forum Utopia, Food and Wine: the case for UNESCO World Heritage listing of the Mount Lofty Ranges Media

Friday 2nd May

Crafers 175th celebration

Sunday 4th May

Red Cross Walk for Humanity

Wednesday 7th May




Mayor _________10 June 2014

Hosted Metropolitan Mayor’s Luncheon

Metropolitan Local Government Group meeting

Community meeting about closing of Lenswood Agricultural Research Station

Saturday 10th May

Lord Mayor’s Golf tournament

Sunday 11th May

Camelot Castle Mother’s Day function

Tuesday 13th May

Aldgate resident regarding townships and urban areas DPA

Opening of Stage 3 of the Amy Gillett trail

Media

Thursday 8th May

ABC 891 News re: Inverbrackie Closing

Channel 7 News re: Inverbrackie Closing



Advertiser re: Inverbrackie Closing

Saturday 10th May

Channel 9 re: DPTI rock fall preventative treatment of cliffs along Gorge Rd

Sunday 11th May

Channel 9 re: DPTI Speed limit review

6. REPORTS

6.1. Councillor Reports Cr Jan-Claire Wisdom – Mt Lofty District Historical Society AGM, ANZAC Day, Mylor, Stirling Market Laneways, Stirling Business Association’s AGM, Citizenship Ceremony, Pay tribute to Chris Steele Scott Cr Malcolm Herrmann – Amy Gillett Bikeway Stage 3 Opening Cr Linda Green, ANZAC Day Service, Houghton, Tasting Australia, Amy Gillett Bikeway Stage 3 Opening Cr Bill Gale – ANZAC Day Service, Gumeracha Cr Kate Hosking – Tasting Australia Cr Ian Bailey – ANZAC Day Service, Norton Summit, GNC Meeting




Mayor _________10 June 2014

Cr John Kemp – Tasting Australia, Crafers Celebration, ANZAC Day Service, Stirling Cr Ron Nelson – ANZAC Day Service, Mylor Cr Lynton Vonow – ANZAC Day Service, Lobethal Cr Jan Loveday – RDA Planning Day, ANZAC Day Service, Norton Summit Dog and Cat Management Board Meeting, HAAC Meeting

6.2. Reports of Members as Council/Committee Representatives on External Organisations Nil


7.1. Questions Adjourned Nil


Nil


8.1. Petitions

Nil

8.2. Deputations

Nil

8.3. Public Forum

Michel Gray – Native Tree Removal MON

9. PRESENTATIONS (by exception) Nil


10.1. Size Road, Oakbank - Cr Andrew Stratford 1. Has the upgrading and/or sealing of Size Road, Oakbank previously been

included in Council's New Works budget 'bid list'?

2. Is this item still included in the 'bid list' for 2014/15, and if not, why has it been deleted?

3. Noting that all of the residents residing along this 900m length of road have written to Council referring to; the relevant history, the obvious lack of previous action, and of the necessity to now urgently remediate this section of road, will




Mayor _________10 June 2014

Council officers be recommending that this item be included in the 2014/15 capital works budget?

4. If so, will the scope of works recommended consist of: sealing of the road, dust mitigation works, a combination of both or some other form of civil works?

OFFICER’S RESPONSE – Russell King, Acting Manager Engineering & Assets

1. The project to seal Size Road has not previously been included in the new

capital works project bid list. A search of Council’s records management system back to 1997 contains no records of any formal requests to seal the road, until the recent letter from Mr Tosolini, addressed to ward councillors, dated 9 April 2014, a copy of which was provided to Council staff by a ward councillor on or about 22 April 2014.

2. The item is included in the 2014/15 budget bid list for new assets (project

number 30030) and has been assessed by staff on merit against other candidate projects. The assessment includes consideration of strategic, public safety, legislative and other drivers for funding projects. In the case of requests to seal unsealed roads, staff give particular consideration to road crash history, traffic volumes, and road geometry to determine if there is a warrant.

3. No record of any formal requests (from 1997 onwards) can be found in

Council’s records management system, nor could any anecdotal requests be recalled by current engineering staff.

In November 2013, after discussions with a resident, Council’s Works & Services staff inspected the road and found the unsealed road surface to be in sound condition and not requiring any significant remedial works. A re-sheet of the road is planned for 2016-17, at an estimated cost of $54,000, as part of the Council’s asset renewal program.

Given the road is currently in good condition, it is not causing Council any unexpected or higher than usual maintenance costs, there is no recent crash history and it is a low traffic volume road, it would be difficult for staff to recommend this project be funded when considered against other priorities.

4. Dust suppressants have in the past proven to be of limited effectiveness or

environmentally harmful and as a consequence, are usually avoided. As indicated above, the road is due for major rehabilitation in 2-3 years’ time under the Council’s asset renewal program. At that point, staff would consider if a low-dust material would be suitable. That work is allowed for in the Long Term Financial Plan, having been funded through depreciation. Should the road be considered for sealing, the cost would need to be met as a new-asset project and funded through additional borrowings or surpluses. The scope of works for sealing the road would include:




Mayor _________10 June 2014

a. Design, including geotechnical investigation, geometric assessment and pavement design (up to $25,000)

b. Conversion of clay unsealed surface to 150mm road rubble base to 7.2m wide (approximately $97,200)

c. Spray sealing the surface at $5.50/m2 (approximately $29,700)

The total cost would be around $151,000. While staff are unlikely to recommend the road be sealed in the foreseeable future, one option available to residents is to consider contributing to the cost of sealing roads in order for the work to proceed earlier than would otherwise have been the case. Verrall Road, Upper Hermitage, is a current example being considered.

10.2. World Heritage Listing – Cr Malcolm Herrmann

1. Has the council received a reply from the government responding to the

request for $50,000 to assist councils in pursuit of World Heritage Listing?

2. Have all the Steering Committees, Working Groups been established and if so, what is the TOR and membership of each?

3. What is the total expenditure and what has been the AHC contribution to date

on the project?

4. Have any additional councils been admitted and if so, will the contribution of the founding councils be reduced?

5. Will each council receive an annual report on the operations (including financial

statements) of the Steering Committee?

OFFICER’S RESPONSE – Marc Salver, Director Strategy and Development

The following responses are provided to the above questions: 1. In accord with a resolution of the Strategic Planning & Development Policy

Committee (SPDPC) on 19 February 2013, Mayor Spragg wrote to the Premier on 6 March 2013 introducing the project and seeking State Government funding support for at least $50,000 per annum over 3 years. A response from the Premier was received on 20 May 2013 advising that the project should be presented to the Premium Food and Wine from our Clean Environment Senior Officers Group in the first instance. In light of this suggestion, the Premier stated that “it would be pre-emptive to comment on your request for funding assistance for this matter.” The project was presented to the aforementioned

Group on 18 July 2013 where the request for State Government funding support was again raised. A response in this regard was finally received from Minister Gago (on behalf of the Premier) on 23 December 2013 (refer to Appendix 1 for a copy) advising that in the context of her response, “the Government is unable to support the request for funding assistance at this




Mayor _________10 June 2014

stage.” However, this request will again be taken up with the new State

Government later this year.

2. The Project Steering and Project Management Groups have been established and their Terms of Reference are provided in Appendix 2 (as adopted by Strategic Planning & Development Policy Committee (SPDPC) on 19 February 2013). Membership of the Project Steering Group (PSG) comprises the Mayors and CEOs of the six collaborating councils. The Project Management Group is made up of 2 staff members from each collaborating Council, a representative from the Barossa RDA and Professor Randy Stringer.

Six Advisory Groups have also recently been established (inaugural meeting held on 2 April 2014). The Terms of Reference for the various Advisory Groups are provided in Appendix 3. An extensive advertising process was undertaken in December 2013 to solicit expressions of interest from members of the public to sit on the various Advisory Groups. In response, over 40 responses were received and interviews were conducted by the entire Project Management Group. All expressions of interest were accepted for the various Advisory Groups. The Groups and membership are as follows: Heritage (9 independent members), Economic (9 independent members), Community (12 independent members and Cr Linda Green), Landscape (11 independent members including Sharon Leith (AHC staff member), Management (3 independent members) and the Aboriginal Advisory Group (one independent member). Staff of the various councils who are members of the PMG will act as Executive Officers for the respective Advisory Groups.

3. In the last 3 financial years, the respective councils have contributed $140,000

towards the project. The total expenditure on the project as at 25 February 2014 has been $84,969.48. The balance of the funds are held by Barossa RDA who is the appointed banker for the project as per the resolution of the SPDPC on 19 February 2013. The final audited financial statements will be provided to all the councils in the new financial year by Barossa RDA who is acting as the banker in this instance. Note that $60,000 of the funds expended to date was primarily for the preparation of the Feasibility Study and Economic Impact Analysis as reported to SPDPC on 19 June 2012. AHC has contributed $35,000 towards the project to date, being an initial contribution of $15k and subsequent annual contribution of $10k.

4. Two additional councils have since joined the project, namely Alexandrina

Council and District Council of Yankalilla. The funding contributions will not be reduced as a result of these two councils joining the project as the State Government has as yet not been contributing to the project. The proposed budget for the project was to be $100,000 per year. Note that funding will be required to undertake the required research to mount the bid for national Heritage Status in the first instance, and the Project Manager’s costs are around $40,000 per annum.

5. Each council will receive an annual report on the progress of the project. This

will be reported to our Council on 13 May 2014. As stated earlier, the annual




Mayor _________10 June 2014

financial statements will be reported to all the councils later this year, once finalised by the Barossa RDA. Note that copies of the adopted Minutes of the Project Steering Group are publicly available and can be found on the Project website at www.mountloftyranges.org


11.1. Native Vegetation Council – Native Tree Removal – Cr Ian Bailey

I move that the CEO write to the Native Vegetation Council seeking a review of their requirements for native tree removal where it is associated with the erection of Environmental Covers over orchards or vineyards, in order to reduce the burden on primary producers who need to install such infrastructure to protect their crops from birds and weather. Leave of the meeting was granted to vary the motion. Moved Cr Ian Bailey S/- Cr Jan Loveday

Carried 24

I move that the CEO write to the Native Vegetation Council seeking a review and explanation of its requirements for native tree removal where it is associated with the erection of Environmental Covers over orchards or vineyards, in order to reduce the burden on primary producers who need to install such infrastructure to protect their crops from birds and weather.

12. OFFICER REPORTS

12.1. Review of Order Making Policy

Moved Cr Kate Hosking S/- Cr Jan Loveday


That the Strategic Planning & Development Policy Committee resolves:

1. That the report be received and noted

2. That the draft Order Making Policy as detailed in Appendix 1 of this report is approved to proceed to public consultation for a period of 4 weeks.

3. That at the conclusion of the public consultation, the matter be reported back to the Committee for consideration and adoption of the revised Policy.

12.2. Review of Council’s Liquor Licensing Policy

Moved Cr John Kemp S/- Cr Ian Bailey


http://www.mountloftyranges.org/




Mayor _________10 June 2014

That the Strategic Planning & Development Policy Committee resolves: 1. That the report be received and noted.

2. To revoke the 12 February 2013 Liquor Licensing Policy and to adopt the draft May 2014 Liquor Licensing Policy with an effective date of 20 May 2014.

12.3. Development Application Fee Waiver Policy




2. To revoke the 14 August 2012 Development Application Fee Waiver

Policy and to adopt the draft May 2014 Development Application Fee Waiver Policy with an effective date of 20 May 2014.

7.58pm Cr Hosking left the meeting 7.59pm Cr Hosking returned to the meeting

12.4. Place and Road Naming Policy

Moved Cr Ian Bailey S/- Cr Ron Nelson


That the Strategic Planning & Development Policy Committee resolves: 1. That the report be received and noted. 2. To revoke the May 2013 Place and Road Naming Policy and to adopt the

draft May 2014 Place and Road Naming Policy with an effective date of 20 May 2014.




Mayor _________10 June 2014

12.5. Avenue of Trees – William Street, Birdwood Moved Cr Malcolm Herrmann S/- Cr Linda Green



(Appendix 1) be received and noted.

2. That the findings of the research undertaken to determine the historical significance of the trees which were planted as an Avenue of Memory by members of the community who may have been original settler families or families of significance who had made Birdwood their home, be noted.


period where the Arborist Report indicates that such work is required.

4. That the residents of William Street be advised of Council’s decision and the likely start date for maintenance work/tree removal.

12.6. Adelaide Hills Trails Network Strategy Moved Cr John Kemp S/- Cr Kate Hosking


That the Strategic Planning & Development Policy Committee resolves: 1. The report be received and noted.

2. The Adelaide Hills 20 Year Trail Network Strategy & Action Plan, as

contained in Appendix 2, be adopted.

3. That an implementation plan be prepared by staff in 2014 to inform spending priorities for consideration in future budgets.




Mayor _________10 June 2014

12.7. AHC Code of Conduct for Council Employees Moved Cr Kate Hosking S/- Cr Linda Green



2. To revoke the Adelaide Hills Council Code of Conduct for Council

Employees (dated 8 November 2011) effective from 20 May 2014.

12.8. Mount Lofty Ranges Agrarian Landscape World Heritage Bid Project – Annual Report & Amendment to the Memorandum of Understanding Moved Cr Jan Loveday S/- Cr Kate Hosking


That the Strategic Planning & Development Policy Committee:

1. receives and notes the report.

2. receives and notes the Annual Report for the World Heritage Listing Project for the Mount Lofty Ranges Agrarian Landscape.

3. agrees to continue with Stage 1 (National Heritage Listing bid) of the Project subject to commitment from the Alexandrina and Barossa Councils, the City of Onkaparinga and District Council of Mt Barker.

4. Recommends to Council to contribute $10,000 towards the Project for the 2014/15 Financial Year in line with the commitments from Alexandrina and Barossa Council’s and subject to a similar commitment from the City of Onkaparinga and District Council of Mt Barker.

5. authorises the CEO, on behalf of this Council, to sign the amended Memorandum of Understanding between Adelaide Hills, Alexandrina and Barossa Councils, District Councils of Mount Barker and Yankalilla and the City of Onkaparinga, for the purposes progressing the Mount Lofty Ranges Agrarian Landscape World Heritage Site Listing Bid.

6. agrees to endorse the amended Terms of Reference for the Project Steering Group and the Project Management Group in order to admit Alexandrina and Yankalilla Councils to these Groups.





Mayor _________10 June 2014

Cr Gale – Woodside Main Street Engineering works overnight Cr Kate Hosking – Velo-City Global 2014 Cycling Conference Adelaide Mayor Bill Spragg – Installation of bike racks down the main street of Balhannah


Nil

15. CONFIDENTIAL ITEMS Nil

16. NEXT MEETING Tuesday, 10 June 2014, 6.30pm, 36 Nairne Road, Woodside


COUNCIL DEVELOPMENT ASSESSMENT PANELMINUTES OF MEETING TUESDAY 6 MAY 2014

63 MT BARKER ROAD, STIRLING

Presiding Member 3 June 2014

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Present

Presiding MemberStephen Hains

MembersLinda GreenJohn KempJan LovedayAlistair McHenryDr Wendy Stubbs

In Attendance

Marc SalverDeryn AtkinsonVanessa NixonTom VictoryMelanie ScottSam ClementsSandra FawcettKaren SavageHeidi Hirtler

Director Strategy & DevelopmentManager Development ServicesTeam Leader Statutory Planning

Senior Statutory PlannerStatutory PlannerStatutory PlannerStatutory PlannerMinute Secretary

Planning Cadet - Observer

1. CommencementThe meeting commenced at 6.05pm

2. Apologies/Leave of Absence

2.1 Apologies

Moved Wendy Stubbs Carried unanimouslyS/- Linda Green (28)

That the apology from Daniel Bennett for unavoidable absence be accepted andleave of absence from the meeting granted.

2.2 Leave of AbsenceNil




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3. Previous Minutes

3.1 Meeting held 1 April 2014

Moved Linda Green Carried unanimouslyS/- Jan Loveday (29)

That the minutes of the meeting held on 1 April 2014 be confirmed as anaccurate record of the proceedings of that meeting.

4. Delegation of AuthorityDecisions of this Panel were determined under delegated authority as adopted byCouncil on 8 October 2013.

5. Presiding Member’s ReportNil

6. Declaration of Interest by Members of PanelNil

7. Matters Lying on the Table/Matters Deferred

7.1 Matters Lying on the TableNil

7.2 Matters Deferred

7.2.1 Development Application 12/871/473 by Fassina Investments Pty Ltd foralterations and additions to existing hotel including bottle shop, functionroom, relocation of gaming room, increase to dining area, new outdoordining area, upgrade of rear car park with access over right of way at Lot95 Greenhill Road, Uraidla, landscaping, demolition of outbuilding andwater storage tank at 1198 Greenhill Road, Uraidla

Deferred from meeting 6 August 2013

“That a decision on the matter be deferred to request the applicant to:

1. Demonstrate that approval has been obtained from the owner of the right ofway (Lot 95) to do work within the right of way to upgrade the access;

2. Consider alternate primary access through the squash court property forboth deliveries and car park access;

3. Reconsider retention and reuse of the old Blacksmith Shop; and4. Obtain specific arborist advice regarding construction of the roadway over

the critical root zone of the four (4) sequoia trees”.

Staff provided the Panel with an update on deferred item 7.2.1.




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7.2.2 Development Application 13/435/473 by Hills Medical Service for variationto Development Authorisation 473/1080/11 – to relocate access point tocar park at rear of premises and vary layout plan of car parking at 15Fenchurch Road, Aldgate

Deferred from meeting 4 March 2014

“That a decision on the matter be deferred to enable the applicant to:

1. Prepare a plan that demonstrates that the entry and exit to the site, and carparking, will comply with Australian Standard AS2890.1:2004.”

Refer Item 8.6 of these Minutes.

7.2.3 Development Application 13/561/473 by Pauline M Hurren for two storeydwelling alterations and additions, deck (maximum height 3.1m) and22,500 litre underground water storage tank and demolition of outbuildingat 32 Milan Terrace, Stirling

Deferred from meeting 1 April 2014


1. Clarify the suitability of the proposed screen planting to minimise the issueof overlooking of the neighbour to the south;

2. Provide a landscaping plan that clearly identifies the trees which areproposed to be removed and those to be retained; and

3. Consider reducing the width of the exit driveway onto Mabel Street so that itdoes not require the removal of the oak tree in the road reserve”.


8. Development Assessment Applications

The Panel remained in ‘open’ session to hear the staff presentations, representationsand applicants’ responses for all the applications.

9:09pm Stephen Hains left the meeting

9:11pm Stephen Hains returned to the meeting

9:58pm The meeting was adjourned for a short break

10:05pm The Panel went into ‘closed’ session in order to allow for discussion anddetermination of all the applications




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8.1 Development Application13/562/473 by Australian Unitarian Druze CommunityInc for Community facility including meeting/function hall (350 person capacity),decking, associated earthworks & stepped retaining walls (maximum height of1.5m), water storage tanks (8 x 22,000L underground tanks & 4 x 22,000L aboveground tanks), car parking area (118 spaces), demolition of existing outbuilding,horticulture (orchards) & relocation of masonry pillar gateway at 197 NortonSummit Road (Piece 21) at 197 & 201 Norton Summit Road, Norton Summit

8.1.1 Representations

Name of Representor Address of Representor Nominated Speaker

Helen Smith 6 Morialta LaneNorton Summit

Adam Smith

Duncan Love 196 Norton Summit RdNorton Summit

Duncan Love

John & Gillian Cowling 87 Old Norton Summit Road,Norton Summit

Mack Wilson

Terence Glynn & HeatherMunro

19 Morialta LaneNorton Summit

Terence Glynn &Heather Munro

Rosa Horn 18 Morialta LaneNorton Summit

Rosa Horn

Jane Giles 14 Morialta LaneNorton Summit

Jane Giles

Rick & Kristen Johnston 203 Norton Summit Road,Norton Summit

Rick Johnston

Donald Pellew 207 Norton Summit Road,Norton Summit

Darren Starr

Sam & Amy England 53 Teringie DriveTeringie

Sam England

Bruce MacDonald 222 Norton Summit Road,Norton Summit

Bruce MacDonald

Mack Wilson 85 Old Norton Summit Road,Teringie

Mack Wilson

Benjamin Sanders 17 Ridgeland DriveTeringie

Kay Parnell (TRA)

Simon Abrahams -TeringieResidents Association (TRA)

113 Woodland WayTeringie

Simon Abrahams

The applicant’s representatives, Alan Rumsby from URPS and RichardHamood, addressed the Panel.




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8.1.2 Decision of Panel

Moved John Kemp CarriedS/- Jan Loveday (30)

That the Council Development Assessment Panel considers that theproposal is at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and REFUSES Development Plan Consent toDevelopment Application 13/562/473 by Australian Unitarian DruzeCommunity Inc for Community facility including meeting/function hall(350 person capacity), decking, associated earthworks & steppedretaining walls (maximum height of 1.5m), water storage tanks ( 8 x22,000L underground tanks & 4 x 22,000L above ground tanks), carparking area (118 spaces), demolition of existing outbuilding, horticulture(orchards) & relocation of masonry pillar gateway at 197 Norton SummitRoad (Piece 21) Norton Summit at 201 Norton Summit Road, NortonSummit for the following reasons:

The proposal is not consisted to be in keeping with the appearanceand character of development expected in rural areas and willtherefore impact on the rural character of the locality. The proposal isinconsistent with CW Objectives 87, 88 and 90 and PDCs 227, 230, 244and 248 and Objective 2 and PDC 4 of the Rural Norton Summit PolicyArea.

The proposal is inconsistent with the predominant scale and siting ofdevelopment within the locality. The proposal is inconsistent withPDC 11 of the Watershed (Primary Production) Zone.

The proposal is for a non-residential building which is only setback16m from the northern side boundary inconsistent with PDC 14 of theRural Norton Summit Policy Area.

The building will be up to 12m above the natural ground levelinconsistent with PDC 15 of the Rural Norton Summit Policy Area.

Given the significant scale of the development and the substantial on-site waste control system the proposal is unlikely to enhance thenatural resources of the Mount Lofty Ranges. The proposal is atvariance with Objective 1 of the Watershed (Primary Production) Zone.

The proposal is not considered to be orderly and economic and istherefore inconsistent with CW Objective 1 and PDC 2.

The proposed development will contribute to the continuedencroachment of urban development into rural areas and is thereforeinconsistent with CW Objective 5.




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The proposal is not considered to be similar in design and scale to thedevelopment within the adjacent Hills Face Zone and is thereforeinconsistent with CW PDC 5.

The proposed development will produce large amounts of waste waterand is not able to be connected to sewer or common effluent. Theproposal is therefore inconsistent with PDC 21.

The proposed community facility is not integrated with business andshopping facilities in a defined centre. The proposal is inconsistentwith Objective 53.

The scale and use of the facility has not been designed to minimizedisturbance of the amenity of nearby residents. The proposal isinconsistent with PDC 148.

The building has not been sited unobtrusively, extensive earthworksresulting in substantial modification of the existing land form arerequired. The proposal is inconsistent with PDC 16 of Rural NortonSummit Policy Area and CW PDCs 228, 229, 232 and 233.

The proposal would result in an urban use in a high bushfire pronearea inconsistent with CW Objective 107.

8.2 Development Application 14/239/473 by Woolcock Construction Pty Ltd forvariation to Development Authorisation 11/1091/473: internal works to relocatedbuilding 6 (lunchroom, office and facilities), removal of sliding door to building2, amendment to rear fencing (2.4m high), relocation of Balhannah Kitchenstenancy and alteration to floor areas of north eastern retail tenancies 3 & 4 at 31-37 Onkaparinga Valley Road, Balhannah


Name of Representor Address ofRepresentor

Nominated Speaker

Ros & Greg Foale 10 Sunningdale CourtBalhannah

Tim Pride

Paul & Sandy Brokensha 9 Sunningdale CourtBalhannah

Paul & Sandy Brokensha

The applicant’s representative, Eric Lampard from Woolcock Construction,addressed the Panel.




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The following was adopted by consensus of all members (31)

That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentPlan Consent to Development Application 14/239/473 by WoolcockConstruction Pty Ltd for Variation to Development Authorisation11/1091/473: internal works to relocated building 6 (lunchroom, office andfacilities), removal of sliding door to building 2 , amendment to rearfencing (2.4m high) , relocation of Balhannah Kitchens tenancy andalteration to floor areas of north eastern retail tenancies 3 and 4 at 31Onkaparinga Valley Road, Balhannah SA 5242 subject to the followingconditions:

(1) Development In Accordance With The PlansThe development herein approved shall be undertaken inaccordance with the following plans, details and writtensubmissions accompanying the application, unless varied by aseparate condition:

Drawing from Woolcock Construction drawing number WG-BALCOS-02-DP revision C1.2 dated 19-03-14

REASON: To ensure the proposed development is undertaken inaccordance with the approved plans.

(2) Except where varied by this authorisation, all other conditions, plansand details relating to Development Authorisation 11/1091/473continue to apply to this amended authorisation.

REASON: To ensure all valid conditions are complied with.

(3) The area between Building 6 and the new fence adjacent to thewestern boundary shall not be used for storage of apple crates. Ifother storage occurs it should not exceed the height of the fence orinvolve combustible materials.

REASON: To preserve amenity and reduce fire risk for theadjoining residential property.

NOTES(1) This development authorisation to vary the original authorisation is

valid for a period not exceeding that of the original authorisation ie18 September 2014. This time period may be further extended bywritten request to and approval, by Council prior to the approvallapsing. Application for an extension is subject to payment of therelevant fee and will be required to be paid for both the originalauthorisation and the variation authorisation.




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(2) EPA Environmental DutyThe applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm.

(3) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs ortrim native vegetation on the land, unless the proposed clearance issubject to an exemption under the Regulations of the NativeVegetation Act 1991, requires the approval of the Native VegetationCouncil. The clearance of native vegetation includes the flooding ofland, or any other act or activity that causes the killing ordestruction of native vegetation, the severing of branches or anyother substantial damage to native vegetation. For furtherinformation visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9777.This must be sought prior to Full Development Approval beinggranted by Council.

(4) Works On BoundaryThe development herein approved involves work on the boundary.The onus of ensuring development is in the approved position onthe correct allotment is the responsibility of the landowner/applicant. This may necessitate a survey being carried out bya licensed land surveyor prior to the work commencing.




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8.3 Development Application 12/D2/473 by Balhannah Co-Op Society Ltd for LandDivision – boundary realignment (9 allotments to 9 allotments) at 29-37Onkaparinga Valley Road, Balhannah



Nominated Speaker

Paul Brokensha 9 Sunningdale CourtBalhannah

Paul Brokensha

The applicant’s representative, Denis Bleeze, addressed the Panel.


Moved Alistair McHenry CarriedS/- Linda Green (32)

That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentPlan Consent and Land Division Consent to Development Application2012/D2/473 by Balhannah Co-Op Society Ltd for Land division -boundary realignment (9 allotments to 9 allotments) at 29-37 OnkaparingaValley Road, Balhannah SA 5242 subject to the following conditions:

(1) The development herein approved shall be undertaken inaccordance with the following plans and written submissionsaccompanying the application, unless varied by a separatecondition:

Amended plan of division from Bleeze, Neale & Assocs Pty Ltdreference G3408-PROP-SG1B-V2, G3408-Site fill area V2

Flood advice from Tonkin Consulting dated 5 October 2011reference 20110636LA1/HE/HE

Submission from Bleeze Neale & Assocs Pty Ltd dated 16 April2014

Interim Audit Advice from KIRSA Environmental dated February2014


(2) Any fencing along the boundaries of proposed allotments 29, 28, 21& 22 in the flood plain shall be open style fencing only.

REASON: To maintain and enhance the visual amenity of thelocality.




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Department of Planning Transport and Infrastructure Requirements(3) All access to / from Allotment 27 must be gained via Pugh Road

only. No direct access onto Onkaparinga Valley Road shall bepermitted for this allotment. The Pugh Road access to Allotment 27shall be located adjacent the north western property boundary.

Land Division Conditions(4) The financial and augmentation requirements of the SA Water

Corporation shall be met for the provision of water supply andsewerage services. (SA Water 90006/12).

The necessary easements shall be granted to the SA WaterCorporation free of cost.REASON: Statutory requirement in accordance with Section 33(1) (c) of the Development Act 1993.

(5) A final plan complying with the requirements for plans as set out inthe Manual of Survey Practice Volume 1 (Plan Presentation andGuidelines) issued by the Registrar General to be lodged with theDevelopment Assessment Commission for Land Division Certificatepurposes.

REASON: Statutory requirement in accordance with Section 51of the Development Act 1993.

Department of Planning Transport and Infrastructure Requirements(6) The Onkaparinga Valley Road / Pugh Road junction shall be widened

and sealed to the satisfaction of DPTI. This junction shall beprovided with a shared channelised right-turn (CHR) treatment and abasic left-turn (BAL) treatment.

(7) The widening shall allow sufficient area for the provision of a vergeto construct a DDA compliant footpath.

(8) The shoulders of Onkaparinga Valley Road shall be sealed to thesatisfaction of DPTI.

(9) All road works associated with the formalisation of the OnkaparingaValley Road / Pugh Road junction shall be designed and constructedto the satisfaction of DPTI, with all costs (including design,construction, project management and any road lighting orstormwater infrastructure upgrade required) to be borne by theapplicant. The applicant shall contact DPTI’s Senior ConsultantTraffic Engineering, Metropolitan Region, Ms Catherine Magraith onPh. (08) 8226 8267 to discuss the required works.




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(10) Any obsolete crossovers shall be closed and reinstated to Councilstandard kerb and gutter at the applicant’s expense.

(11) The boundaries of Allotments 25 & 27 shall not be finalised untilPugh Road and the Onkaparinga Valley Road / Pugh Road junctionhave been constructed. The final allotment boundaries shall reflectthe new road boundaries.

(12) No stormwater from this development shall be permitted todischarge on-surface to Onkaparinga Valley Road. In addition, anyexisting drainage of Onkaparinga Valley Road shall beaccommodated in the development and any alterations to roaddrainage infrastructure as a result of this development are to be atthe expense of the applicant.

Council Land Division Requirements(13) Prior to commencement of work, the following detailed construction

design drawings, survey and specifications are required to besubmitted to Council in accordance with Council Engineering’sStatement of Requirements and approved by Council:

i. Road pavement layout and grading plan including trafficmanagement measures signed by a licensed surveyor, withroads designed to accommodate a three-point turn by Acco-Fseries Council garbage truck;

ii. Road pavement design drawings with geotechnical report andcopy of CBR test results and traffic estimates;

iii. Traffic management device designs;iv. Detailed Street lighting plan showing street lighting locations;v. Stormwater Management Plan and detailed stormwater

management design and calculations of the StormwaterManagement Drainage System; and

vi. Detailed Landscaping Plan for Street Tree Planting.

(14) Prior to Section 51 clearance of the land division, the works requiredby the design plans stamped approved by Council for constructionshall be constructed for that stage to the satisfaction of Council and,“as-built” drawings of the infrastructure shall be submitted toCouncil along with certification from a suitably qualified engineerthat the works have been completed in accordance with theapproved design.

(15) Prior to Section 51 clearance for the land division, an asset registerof the infrastructure constructed shall be provided to Council’ssatisfaction in digital format.

(16) Prior to Section 51 clearance a water supply and fire hydrant systemof adequate capacity to be used for fire and other emergencieswithin the proposed development area shall be provided. The designof the distribution main and fire hydrant system shall be inaccordance with the following requirements of the CFS:




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i. A wet pipe system incorporating SA Water standards, with aminimum pipe size of 100mm for the distribution main.

ii. Of adequate capacity to provide a continuous supply of waterfor the fire service, for a minimum period of two hours at a rateof 600 l/m at 200 kpa taken from the most hydraulicallychallenged hydrant point.

iii. Designed with hydrant points provided at not more than 120metre intervals along residential streets and at each streetintersection (AS2419).

(17) Prior to Section 51 clearance the final audit report from KIRSAEnvironmental shall be provided to Council.

(18) Prior to Section 51 clearance site remediation as recommended byKIRSA Environmental final report should be completed.

NOTES(1) Property Identifiers

Lot 27 - 1 Pugh RoadLot 25 - 1 Wicks CloseLot 24 - 2 Wicks CloseLot 23 - 3 Wicks CloseLot 22 - 4 Wicks CloseLot 21 - 5 Wicks CloseLot 28 - 6 Wicks CloseLot 29 - 7 Wicks Close

(2) The development herein approved involves work within closeproximity to the boundary. The onus of ensuring development is inthe approved position on the correct allotment is the responsibilityof the land owner/applicant. This may necessitate a survey beingcarried out by a licensed land surveyor prior to the workcommencing.

(3) Management of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.

(4) The applicant is reminded of his/her general environmental duty, asrequired by Section 25 of the Environment Protection Act 1993, totake all reasonable and practical measures to ensure that theactivities on the whole site, including during construction, do notpollute the environment in a way which causes, or may cause,environmental harm.

(5) The applicant is reminded that Adelaide Hills Council accepts noresponsibility for damage to, or loss of property, as a result offlooding. It is the applicant’s responsibility to ensure that allappropriate steps are undertaken to minimise the potential damageto property as a result of flooding.




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(6) Council has relied on the site investigations undertaken as evidencethere are no known contaminants present to prevent the site beingused for residential use. There can be no complete guarantee thatcontaminants are not present at significant concentrations in someareas. Should site works or other research uncover additionalinformation in relation to site contamination, persons having benefitof this authorisation may need to undertake further investigations.

(7) Department for Water, Land, Biodiversity and Conservation NoteThe applicant is advised that any proposal to clear, remove limbs ortrim native vegetation on the land, unless the proposed clearance issubject to an exemption under the Regulations of the NativeVegetation Act 1991, requires the approval of the Native VegetationCouncil. The clearance of native vegetation includes the flooding ofland, or any other act or activity that causes the killing ordestruction of native vegetation, the severing of branches or anyother substantial damage to native vegetation.

For further information visit:http://www.environment.sa.gov.au/Conservation/Native_vegetation

Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9741.

8.4 Development Application 12/713/473 by Malcolm Leahy & Linda Anderson fortwo storey detached dwelling, decks (maximum height 3m), 4 x 22,500 litre waterstorage tanks, retaining walls (maximum height 1.9m), masonry fence (maximumheight 2.3m) & associated earthworks (non-complying) at 11 Upper Sturt Road,Crafers West

8.4.1 RepresentationsNil

The applicants’ representative, John Outhred, was invited to answer questionsfrom the Panel.



That the Council Development Assessment Panel considers that theproposal is at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and REFUSES Development Plan Consent toDevelopment Application 2012/713/473 by Malcolm Leahy & LindaAnderson for Two storey detached dwelling, decks (maximum height 3m),4 x 22,500 litre water storage tanks, retaining walls (maximum height1.9m), masonry fence (maximum height 2.3 m) & associated earthworks(non-complying) at 11 Upper Sturt Road, Crafers West SA 5152 for thefollowing reasons:




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1. The development is contrary to WPP Zone Objective 6 and PDCs 1 & 4in that it: is not located below the ridge line; does not have a roof line that complements the natural form of the

land; is of a bulk & scale that does not complement the contours of the

land; and it will not enhance the amenity and landscape of the Mt Lofty

Ranges.

2. The development is contrary to Council Wide Objective 88 and PDC 87in that the building: will not be unobtrusively sited or of a character and design which

blends naturally with the landscape; and is not located below the ridge line.

3. The development is contrary to Council Wide PDC 43 in that: the associated points of access and egress for the development

have potential to cause interference with the free flow of traffic onthe adjoining road.

8.5 Development Application 13/896/473 by Mirage Homes for Land Division tocreate one additional allotment at 10 John Street, Oakbank


The applicant’s representative, Julie Jansen from MasterPlan, was invited toanswer questions from the Panel.



That the Council Development Assessment Panel considers that theproposal is substantially at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and REFUSES Land DivisionConsent to Development Application 13/896/473 (2013/D 49/473) byMirage Homes for Land Division to create one additional allotment at 10John Street, Oakbank 5243 for the following reasons:

Land Division Proposal at Variance with Development Plan

The proposal is at variance with the following provisions of the AdelaideHills Council Development Plan:




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1. Council WideObjectives 1, 10, 87 and 90 as it is likely to encourage incrementalcreep of smaller allotments which has the potential to impinge on theestablished low density village character of Oakbank.

2. Principles of Development Control 3, 9, 35(a) 39, 76, 227 and 230 as itdoes not satisfy the established character by proposing a 426m2

allotment within a locality which has allotments substantially greater,and is considered to be out of character with the establishedcharacter of the locality therefore having the potential to impact onthe achievements and objectives of other land in the locality.

3. CT(O&B) ZoneObjectives 1, 2 and 5 as it is likely to significantly change the villagecharacter and established low density residential development.

4. CT(O&B) Zone Village Policy AreaObjectives 1 and 2 as it will not preserve the village character ofOakbank by not maintaining low density residential development.

5. Principles of Development Control 5 as it does not permit anyproposed development upon the allotment to be in keeping with theestablished character of the location by not permitting theestablishment of large gardens which encourages the open vista andvillage character of the locality.

8.6 Development Application 13/435/473 by Hills Medical Service for variation toDevelopment Authorisation 11/1080/473 – to relocate access point to car park atrear of premises and vary layout plan of car parking at 15 Fenchurch Road,Aldgate



The following recommendation was adopted by consensus of allmembers (35)

That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentConsent to Development Application 13/435/473 by Hills Medical Servicefor Variation to development authorisation 11/1080/473 - to relocateaccess point to car park at rear of premises at 15 Fenchurch Road,Aldgate SA 5154 subject to the following conditions:




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(1) Development In Accordance With the PlanThe development herein approved shall be undertaken inaccordance with the following plans, details and writtensubmissions accompanying the application, unless varied by aseparate condition:

Plans prepared by applicant date stamped by Council, 5 November2013:

Site plan Vehicle manoeuvring plan prepared by Crafers building Design

Dated 3/2014 (Ref: AHC IC14/435)

REASON: To ensure development in accordance with approvedplan.

(2) AmenityAll external lighting shall be directed away from residentialdevelopment and, shielded if necessary to prevent light spill causingnuisance to the occupiers of those residential properties.

REASON: Lighting shall not detrimentally affect the residentialamenity of the locality.

(3) Car parking Designed In Accordance With Australian StandardAS 2890.1:2004All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directionalarrows shall be clearly visible and maintained in good condition atall times. Driveways, vehicle manoeuvring and parking areas shall beconstructed of compacted gravel or bitumen or brick paved prior tooccupation and maintained in good condition at all times to thereasonable satisfaction of the Council.

REASON: To provide adequate, safe and efficient off-streetparking for users of the development.

NOTES(1) Erosion Control During Construction

Management of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.





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8.7 Development Application 13/659/473 by A Hannaford for boundary realignment(4 allotments into 4 allotments) at 82 Quinns Road, Lot 1 Winton Road, 148Quinns Road and 174 Quinns Road, Forreston


The applicant’s representative, Denis Bleeze, was invited to answer questionsfrom the Panel.


Moved Jan Loveday CarriedS/- Alistair McHenry (36)

That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and advise the DevelopmentAssessment Commission that it has no objection to the proposedboundary re-alignment in Development Application 13/659/473(13/D031/473) by A Hannaford for a Boundary realignment (4 allotmentsinto 4 allotments) at 82 Quinns Road, Lot 1 Winton Road, 148 QuinnsRoad, and 174 Quinns Road, Forreston and requests the followingconditions be included on any approval:

Planning Conditions

(1) Development In Accordance With the PlansThe development herein approved shall be undertaken inaccordance with the following plans, details and writtensubmissions accompanying the application, unless varied by aseparate condition:

Amended Plan of Division by Bleeze, Neale and Associates PtyLtd, Drawing Number G4290 – PROP-V3, uploaded to EDALA 25February 2013





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Council Land Division Statement of Requirements

(1) Prior to Section 51 clearance, a 10 metre separation buffer shall beplanted on proposed allotments 200 and 201 to the satisfaction ofCouncil. The buffer shall be planted in the following locations:

Lot 200: Along the full extent of the western and southernboundaries

Lot 201: Along the full extent of the eastern and southernboundaries

The separation buffer shall comprise a vegetated area with aminimum width of 5 metres and a 2.5 metre wide firebreak on eitherside of the vegetated area. The vegetated area shall contain randomplantings of a variety of fast growing and hardy tree and shrubspecies of differing growth habits, including at least one row ofsemi-mature trees. Such vegetated area shall be planted at spacingsof 4-5 metres. Tree guards shall be placed around the trees toensure protection from animals. Such vegetated areas shall be inaccordance with Appendix 3 of the Council’s Buffers Policy dated 17April 2012. The vegetated areas shall not include species listed inAppendix 2 of the Council’s Buffers Policy (Bushland InvasivePlants). Such vegetated areas shall be maintained in good healthand condition at all times with any dead or diseased plants beingreplaced in the next planting season to the satisfaction of Council.

For further information on Council’s Buffers Policy refer tohttp://www.ahc.sa.gov.au/webdata/resources/files/Buffers%20120417.pdf

REASON: To minimise the risk of environmental nuisance andpotential land use conflict.

8.8 Development Application 10/87/473 by D Hocking & H Zowtyj for alterations toexisting shop and change of use from dwelling to shop & restaurant (maximumcapacity 20) with associated car parking (non-complying) (amended proposal) at191 Upper Sturt Road, Upper Sturt


The applicants, Danielle Hocking & Helen Zowtyj, were invited to answerquestions from the Panel.




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That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and seeks the CONCURRENCEof the Development Assessment Commission to GRANT DevelopmentPlan Consent to Development Application 2010/87/473 by D Hocking & HZowtyj for Alterations to existing shop & change of use from dwelling toshop & restaurant (maximum capacity 20) with associated carparking -non-complying (amended proposal) at 191 Upper Sturt Road, Upper Sturtsubject to the following conditions:


D Hocking & H Zowtyj letter received by the Council on 11February 2014

Floor plan and site plan received by the Council on 11 February2014


(2) Commercial LightingFlood lighting shall be restricted to that necessary for securitypurposes only and shall be directed and shielded in such a manneras to not cause nuisance to adjacent properties.

REASON: Lighting shall not detrimentally affect the amenity ofthe locality.

(3) Car Parking Directional SignageDirectional signs indicating the location of car parking spaces shallbe provided on the subject land and maintained in a clear and legiblecondition at all times.

REASON: To identify the location of off-street parking andensure the free flow of traffic.

(4) Capacity of Restaurant/CaféAt any one time, the overall capacity of the restaurant/café shall belimited to a maximum of 20 persons.




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REASON: To ensure the proposed development is undertaken inaccordance with the approved plans, to ensure that neighbouringproperties are not impacted on negatively by this development andto ensure the waste control system is adequate.

(5) Opening HoursThe opening hours of the restaurant (including the outdoor area)shall be:

Monday to Thursday 8 am – 8 pm Friday and Saturday 8 am – 11.30 pm Sunday 8 am – 10 pm Public holidays 8 am – 10 pm

REASON: To ensure the development operates in accordancewith the approval.

(6) Regular Removal Of Solid Waste From The SiteAll waste shall be removed from the subject land at least onceweekly.

REASON: To maintain the amenity of the locality.

(7) RESERVED MATTERThe Council Development Assessment Panel requires the followingmatter which is reserved pursuant to Section 33(3) of theDevelopment Act 1993 to be addressed to the reasonablesatisfaction of Council staff:

Provision of an amended site plan that demonstrates that theproposed car parking meets Australian Standard AS2890.1:2004.

NOTE: Council reserves the right to attach further conditions inrelation to this.


NOTES(1) Development Plan Consent

This Development Plan Consent is valid for a period of twelve (12)months commencing from the date of the decision (or if an appealhas been commenced, the date on which the appeal is determined,whichever is later). Building Rules Consent must be applied for priorto the expiry of the Development Plan Consent, or a freshdevelopment application will be required. The twelve (12) monthperiod may be further extended by written request to, and approvalby Council. Application for an extension is subject to payment of therelevant fee.




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(4) Compliance with Food Act SA 2001This approval under the Development Act 1993 does not in any wayimply compliance with the Food Act SA 2001 and/or Food SafetyStandards. It is the responsibility of the owner of other personoperating the food business from the building to ensure compliancewith the relevant legislation before opening the food business onthe site.

(5) Food Handling NotificationFood business notification must be provided prior to commencingany food (or consumable product) handling activities. This may beprovided on-line at www.fbn.sa.gov.au or by obtaining a notificationform from Adelaide Hills Council.

8.9 Development Application 13/561/473 by K Lewis for two storey dwellingalterations and additions, deck (maximum height 3.1m), 22,500L undergroundwater storage tank and demolition of outbuilding at 32 Milan Terrace, Stirling




That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentPlan Consent to Development Application 13/561/473 by K Lewis for twostorey dwelling alterations and additions, deck (maximum height 3.1m),22,500L underground water storage tank and removal of outbuilding at 32Milan Terrace, Stirling 5152 subject to the following conditions:





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Pauline Hurren plans received by the Council on 25 February2014

Elevation view, correspondence and screenmaster detailsreceived by the Council on 10 April 2014

Landscaping plan received by the Council on 10 April 2014 MFY report received by the Council on 13 March 2014


(2) Residential LightingAll external lighting shall be directed away from residentialdevelopment and, shielded if necessary to prevent light spill causingnuisance to the occupiers of those residential properties.


(3) External Finishes To Match Existing BuildingExternal finishes shall be of materials and colours to match orcomplement those of the existing dwelling to the reasonablesatisfaction of Council.


(4) Timeframe For Landscaping To Be PlantedLandscaping detailed in plan and details received by the Council on10 April 2014 shall be of a semi-mature size at the time of planting,and planted in the planting season following development approval.Such vegetation shall be maintained in good health and condition atall times and replaced if and when it dies or becomes seriouslydiseased in the next planting season. The plants (Screenmaster(Pittosporum Tenuifolium) shall be planted at a minimum height of1m and spaced at 1m.

REASON: To maintain and enhance the visual amenity of thelocality in which the subject land is situated and ensure the survivaland maintenance of the vegetation.

(5) Oak Tree Protection ZoneWorks under the drip line of the oak tree in the road reserve shall beminimised. Only hand digging is permitted within the root zone ofthe oak tree.

REASON: To protect the tree from the impact of thedevelopment.




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(6) Driveway AccessThe new vehicle crossover as shown on amended site plan dated 10April 2014 shall be sealed with permeable pavers or similarpermeable material from the edge of the carriageway of Mabel Streetto the property boundary.

REASON: To protect and preserve the oak tree in the roadreserve.

(7) Soil Erosion ControlPrior to construction of the approved development hay bales (orother soil erosion control methods as approved by Council) shall beplaced and secured below areas of excavation and fill to prevent soilmoving off the site during periods of rainfall.

REASON: Development should prevent erosion and stormwaterpollution before, during and after construction.

(8) Firefighting Water Supply - Mains Water Supply AvailableA supply of water independent of reticulated mains supply shall beavailable at all times for fire-fighting purposes:

a minimum supply of 2,000 (two thousand) litres of water shallbe available for fighting purposes at all times; and

the water supply shall be located such that it provides therequired water and is accessible by the fire authority; and

the water supply shall be fitted with domestic fittings (standardhousehold taps that enable an occupier to access a supply ofwater with domestic hoses or buckets for extinguishing minorfires); and

the water supply outlet shall be located at least 400mm aboveground level for a distance of 200mm either side of the outlet;and

a water storage facility connected to mains water shall have anautomatic float switch to maintain full capacity; and

where the water storage facility is an above-ground water tank,the tank (including any support structure) shall be constructedof non-combustible material.

REASON: To minimise the threat and impact of fire on life andproperty as your property is located in a MEDIUM Bushfire ProneArea.

(9) Stormwater Overflow Directed To StreetAll roof runoff generated by the development hereby approved shallbe directed to a rainwater tank with overflow to the street (via apump if necessary) or a Council drainage easement to thesatisfaction of Council within one month of the roof cladding beinginstalled. All roof and hard paved water runoff shall be managed toprevent trespass onto adjoining properties and into the effluentdisposal area where an on-site waste control system exists.




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Overflow from rainwater tanks is to be directed to the street (via apump if necessary) or managed on-site to the satisfaction of Councilusing design techniques to the satisfaction of Council.

REASON: To minimise erosion, protect the environment and toensure no ponding of stormwater resulting from developmentoccurs on adjacent sites.

NOTES(1) Development Plan Consent Expiry

This Development Plan consent (DPC) is valid for a period of twelve(12) months commencing from the date of the decision (or if anappeal has been commenced the date on which it is determined,whichever is later). Building Rules Consent must be applied for priorto the expiry of the DPC, or a fresh development application will berequired. The twelve (12) month time period may be further extendedby Council agreement following written request and payment of therelevant fee.

(2) Erosion Control During ConstructionManagement of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.


(4) Requirement For Separate Application To Construct AccessWhilst the location of any alterations to Mabel Street (includingfootpaths) has been authorised in this development consent, it doesnot approve any alteration to the road under section 221 of the LocalGovernment Act 1999. An “Application to Construct Access to aPrivate Property” is required to be lodged (including payment of alodgement fee) and approved by the Council prior to the undertakingof any works. Council’s crossing place and reinstatementrequirements are contained within the application form.

11:10pm The Panel resumed ‘open’ session




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9. Policy Issues for Advice to CouncilNil

10. Other BusinessNil

11. Next MeetingThe next ordinary Development Assessment Panel meeting will be held on Tuesday 3June 2014.

12. Close meetingThe meeting closed at 11.10pm.

ADELAIDE HILLS COUNCIL AUDIT COMMITTEEMINUTES OF MEETING 19 MAY 2014


Presiding Member ________________________________________________________ 18 August 2014

5

Presiding Member: Peter Robertson

Members:

Allen BolaffiPeter Brass (from 6.05pm)Cr Kate HoskingCr Jan Loveday

In attendance:

Andrew Aitken Chief Executive OfficerTim Piper Director Corporate ServicesPaul Francis Financial ControllerLachlan Miller Manager Governance & RiskDavid Waters Director Community & Customer Service (from 6.20pm)Jess Charlton Service Improvement Coordinator

1. CommencementThe meeting commenced at 6.00pm.

Ian Painter – Partner, Audit and Sam Hilbink – Manager, Audit from BDO were inattendance.

2. ApologiesAllen Bolaffi

3. Previous Minutes3.1. Audit Committee Meeting 10 February 2014

Moved Cr Jan LovedayS/- Cr Kate Hosking

Carried Unanimously12

That the minutes of the Audit Committee meeting held on 10 February 2014as distributed, be confirmed as an accurate record of the proceedings of thatmeeting.

4. Delegation of AuthorityThe Audit Committee operates in accordance with the relevant sections of theLocal Government Act 1999, and its Terms of Reference.




6

5. Declaration of Interest by Members of the CommitteePeter Robertson declared that he had submitted an expression of interest for thenext term of Audit Committee membership.

6. Reports6.1. Audit Committee Action Report and Work Plan

6.05pm Peter Brass attended the meeting

Moved Cr Kate HoskingS/- Cr Jan Loveday


That the Audit Committee resolves:

1. That the report be received and noted2. That the status of the Action Report and Work Plan be noted3. That the work plan be amended to provide for a biannual Benefits

Realisation Report and an annual Self-Assessment Review

Moved Peter BrassS/- Cr Jan Loveday


That the Audit Committee undertakes an out of session performance review.

6.2. Annual Financial Statement Audit 2012/13

Moved Peter BrassS/- Cr Kate Hosking


That the Audit Committee resolves that the report be received and noted.

6.3. End of Financial Year Reporting Timetable

Moved Cr Kate HoskingS/- Peter Brass



6.4. Benefits Realisation Report







7

6.5. 2013/14 Budget – Budget Review 2

Moved Cr Kate HoskingS/- Jan Loveday



1. To note the report2. That the Budget Variations presented in Budget Review 2 (2013/14)

totalling $15,000, bringing the Adjusted 2013/14 Budget OperatingSurplus for the year from $357,000 to $342,000, be noted.

6.5a 2013/14 Budget – Budget Review 3




1. To note the report2. That the Budget Variations presented in Budget Review 3 (2013/14)

totalling $30,000 favourable, bringing the Adjusted 2013/14 BudgetOperating Surplus for the year from $342,000 to $372,000, be noted.

6.6. Draft Annual Business Plan & Budget 2014/15



That the Audit Committee notes the Draft Annual Business Plan and Budget

6.7. Internal Financial Controls Update



That the Audit Committee notes the further developments in improvinginternal financial controls undertaken since February

6.8. Risk Management Update



That the Audit Committee resolves that the report be received and noted




8

6.9. Internal Audit Update

Moved Cr Kate HoskingS/- Cr Jan Loveday


That the Audit Committee resolves to receive and note the report



That the Audit Committee resolves to amend the Strategic Internal Audit Planas follows:

1. Defer the conduct of the Year 1 Major Projects Review2. Delay the implementation of the Year 2 Strategic Internal Audit Plan

until the completion of the first round of Enterprise Risk Assessments,with the exception of the Development Assessment Internal Audit

3. Submit a report to the Audit Committee on any proposed changes tothe Strategic Internal Audit Plan arising from the Enterprise RiskAssessments

MATTER ARISING

Councillors Hosking and Loveday expressed a vote of thanks to the IndependentMembers for their service to the Audit Committee and the Adelaide Hills Council.

7. Next MeetingThe next ordinary meeting of the Audit Committee will be held at 6.00pm onMonday, 18 August 2014, at 63 Mount Barker Road, Stirling.

8. Close Audit Committee MeetingThe meeting closed at 7.30pm.




Mayor _________10 June 2014

In Attendance: Presiding Member: Mayor Bill Spragg Members:

Councillor Ward

Councillor Ron Nelson Manoah


Marble Hill

Councillor Kate Hosking Councillor John Kemp

Mt Lofty


Onkaparinga Valley


Torrens Valley

In Attendance:






Chris Button Manager, Special Projects

Mark de Lange Community Development Officer, Youth & Recreation

Dennis Rainsford Team Leader Regulatory Services, Waste, Health & Regulatory Services

Geoff Hood Manager Works & Services

Megan Sutherland Manager Organisational Development

Leanne Llewellyn Minute Secretary

1. COMMENCEMENT The meeting commenced at 6.35pm.


2.1. Apology

An apology was received from Councillor Simon Jones and is accepted.




Mayor _________10 June 2014

2.2. Leave of Absence Nil

2.3. Absent

Nil


3.1. Strategic Planning & Development Policy Committee – 8 April 2014

Moved Cr Lynton Vonow S/- Cr Malcolm Herrmann


That the minutes of the Strategic Planning & Development Policy Committee meeting held on 8 April 2014 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

4. DECLARATION OF INTEREST BY MEMBERS OF THE COMMITTEE

Nil

5. PRESIDING MEMBER’S OPENING REMARKS Mayoral Activities since April 22nd

Friday 25th April

Stirling Anzac Day dawn service

Sunday 27th April

Stirling Market and Laneways Market

Tuesday 29th April

EPA: Water Quality Improvement Program

Wednesday 30th April

Met with member for Bragg, Vickie Chapman about various issues

Conducted a Citizenship Ceremony

Thursday 1st May

Tasting Australia forum Utopia, Food and Wine: the case for UNESCO World Heritage listing of the Mount Lofty Ranges Media

Friday 2nd May

Crafers 175th celebration

Sunday 4th May

Red Cross Walk for Humanity

Wednesday 7th May




Mayor _________10 June 2014

Hosted Metropolitan Mayor’s Luncheon

Metropolitan Local Government Group meeting

Community meeting about closing of Lenswood Agricultural Research Station

Saturday 10th May

Lord Mayor’s Golf tournament

Sunday 11th May

Camelot Castle Mother’s Day function

Tuesday 13th May

Aldgate resident regarding townships and urban areas DPA

Opening of Stage 3 of the Amy Gillett trail

Media

Thursday 8th May

ABC 891 News re: Inverbrackie Closing




Advertiser re: Inverbrackie Closing

Saturday 10th May

Channel 9 re: DPTI rock fall preventative treatment of cliffs along Gorge Rd

Sunday 11th May

Channel 9 re: DPTI Speed limit review

6. REPORTS

6.1. Councillor Reports Cr Jan-Claire Wisdom – Mt Lofty District Historical Society AGM, ANZAC Day, Mylor, Stirling Market Laneways, Stirling Business Association’s AGM, Citizenship Ceremony, Pay tribute to Chris Steele Scott Cr Malcolm Herrmann – Amy Gillett Bikeway Stage 3 Opening Cr Linda Green, ANZAC Day Service, Houghton, Tasting Australia, Amy Gillett Bikeway Stage 3 Opening Cr Bill Gale – ANZAC Day Service, Gumeracha Cr Kate Hosking – Tasting Australia Cr Ian Bailey – ANZAC Day Service, Norton Summit, GNC Meeting




Mayor _________10 June 2014

Cr John Kemp – Tasting Australia, Crafers Celebration, ANZAC Day Service, Stirling Cr Ron Nelson – ANZAC Day Service, Mylor Cr Lynton Vonow – ANZAC Day Service, Lobethal Cr Jan Loveday – RDA Planning Day, ANZAC Day Service, Norton Summit Dog and Cat Management Board Meeting, HAAC Meeting

6.2. Reports of Members as Council/Committee Representatives on External Organisations Nil


7.1. Questions Adjourned Nil


Nil


8.1. Petitions

Nil

8.2. Deputations

Nil

8.3. Public Forum

Michel Gray – Native Tree Removal MON

9. PRESENTATIONS (by exception) Nil


10.1. Size Road, Oakbank - Cr Andrew Stratford 1. Has the upgrading and/or sealing of Size Road, Oakbank previously been

included in Council's New Works budget 'bid list'?

2. Is this item still included in the 'bid list' for 2014/15, and if not, why has it been deleted?

3. Noting that all of the residents residing along this 900m length of road have written to Council referring to; the relevant history, the obvious lack of previous action, and of the necessity to now urgently remediate this section of road, will




Mayor _________10 June 2014

Council officers be recommending that this item be included in the 2014/15 capital works budget?

4. If so, will the scope of works recommended consist of: sealing of the road, dust mitigation works, a combination of both or some other form of civil works?

OFFICER’S RESPONSE – Russell King, Acting Manager Engineering & Assets

1. The project to seal Size Road has not previously been included in the new

capital works project bid list. A search of Council’s records management system back to 1997 contains no records of any formal requests to seal the road, until the recent letter from Mr Tosolini, addressed to ward councillors, dated 9 April 2014, a copy of which was provided to Council staff by a ward councillor on or about 22 April 2014.

2. The item is included in the 2014/15 budget bid list for new assets (project

number 30030) and has been assessed by staff on merit against other candidate projects. The assessment includes consideration of strategic, public safety, legislative and other drivers for funding projects. In the case of requests to seal unsealed roads, staff give particular consideration to road crash history, traffic volumes, and road geometry to determine if there is a warrant.

3. No record of any formal requests (from 1997 onwards) can be found in

Council’s records management system, nor could any anecdotal requests be recalled by current engineering staff.

In November 2013, after discussions with a resident, Council’s Works & Services staff inspected the road and found the unsealed road surface to be in sound condition and not requiring any significant remedial works. A re-sheet of the road is planned for 2016-17, at an estimated cost of $54,000, as part of the Council’s asset renewal program.

Given the road is currently in good condition, it is not causing Council any unexpected or higher than usual maintenance costs, there is no recent crash history and it is a low traffic volume road, it would be difficult for staff to recommend this project be funded when considered against other priorities.

4. Dust suppressants have in the past proven to be of limited effectiveness or

environmentally harmful and as a consequence, are usually avoided. As indicated above, the road is due for major rehabilitation in 2-3 years’ time under the Council’s asset renewal program. At that point, staff would consider if a low-dust material would be suitable. That work is allowed for in the Long Term Financial Plan, having been funded through depreciation. Should the road be considered for sealing, the cost would need to be met as a new-asset project and funded through additional borrowings or surpluses. The scope of works for sealing the road would include:




Mayor _________10 June 2014

a. Design, including geotechnical investigation, geometric assessment and pavement design (up to $25,000)

b. Conversion of clay unsealed surface to 150mm road rubble base to 7.2m wide (approximately $97,200)

c. Spray sealing the surface at $5.50/m2 (approximately $29,700)

The total cost would be around $151,000. While staff are unlikely to recommend the road be sealed in the foreseeable future, one option available to residents is to consider contributing to the cost of sealing roads in order for the work to proceed earlier than would otherwise have been the case. Verrall Road, Upper Hermitage, is a current example being considered.

10.2. World Heritage Listing – Cr Malcolm Herrmann

1. Has the council received a reply from the government responding to the

request for $50,000 to assist councils in pursuit of World Heritage Listing?

2. Have all the Steering Committees, Working Groups been established and if so, what is the TOR and membership of each?

3. What is the total expenditure and what has been the AHC contribution to date

on the project?

4. Have any additional councils been admitted and if so, will the contribution of the founding councils be reduced?

5. Will each council receive an annual report on the operations (including financial

statements) of the Steering Committee?

OFFICER’S RESPONSE – Marc Salver, Director Strategy and Development

The following responses are provided to the above questions: 1. In accord with a resolution of the Strategic Planning & Development Policy

Committee (SPDPC) on 19 February 2013, Mayor Spragg wrote to the Premier on 6 March 2013 introducing the project and seeking State Government funding support for at least $50,000 per annum over 3 years. A response from the Premier was received on 20 May 2013 advising that the project should be presented to the Premium Food and Wine from our Clean Environment Senior Officers Group in the first instance. In light of this suggestion, the Premier stated that “it would be pre-emptive to comment on your request for funding assistance for this matter.” The project was presented to the aforementioned

Group on 18 July 2013 where the request for State Government funding support was again raised. A response in this regard was finally received from Minister Gago (on behalf of the Premier) on 23 December 2013 (refer to Appendix 1 for a copy) advising that in the context of her response, “the Government is unable to support the request for funding assistance at this




Mayor _________10 June 2014

stage.” However, this request will again be taken up with the new State

Government later this year.

2. The Project Steering and Project Management Groups have been established and their Terms of Reference are provided in Appendix 2 (as adopted by Strategic Planning & Development Policy Committee (SPDPC) on 19 February 2013). Membership of the Project Steering Group (PSG) comprises the Mayors and CEOs of the six collaborating councils. The Project Management Group is made up of 2 staff members from each collaborating Council, a representative from the Barossa RDA and Professor Randy Stringer.

Six Advisory Groups have also recently been established (inaugural meeting held on 2 April 2014). The Terms of Reference for the various Advisory Groups are provided in Appendix 3. An extensive advertising process was undertaken in December 2013 to solicit expressions of interest from members of the public to sit on the various Advisory Groups. In response, over 40 responses were received and interviews were conducted by the entire Project Management Group. All expressions of interest were accepted for the various Advisory Groups. The Groups and membership are as follows: Heritage (9 independent members), Economic (9 independent members), Community (12 independent members and Cr Linda Green), Landscape (11 independent members including Sharon Leith (AHC staff member), Management (3 independent members) and the Aboriginal Advisory Group (one independent member). Staff of the various councils who are members of the PMG will act as Executive Officers for the respective Advisory Groups.

3. In the last 3 financial years, the respective councils have contributed $140,000

towards the project. The total expenditure on the project as at 25 February 2014 has been $84,969.48. The balance of the funds are held by Barossa RDA who is the appointed banker for the project as per the resolution of the SPDPC on 19 February 2013. The final audited financial statements will be provided to all the councils in the new financial year by Barossa RDA who is acting as the banker in this instance. Note that $60,000 of the funds expended to date was primarily for the preparation of the Feasibility Study and Economic Impact Analysis as reported to SPDPC on 19 June 2012. AHC has contributed $35,000 towards the project to date, being an initial contribution of $15k and subsequent annual contribution of $10k.

4. Two additional councils have since joined the project, namely Alexandrina

Council and District Council of Yankalilla. The funding contributions will not be reduced as a result of these two councils joining the project as the State Government has as yet not been contributing to the project. The proposed budget for the project was to be $100,000 per year. Note that funding will be required to undertake the required research to mount the bid for national Heritage Status in the first instance, and the Project Manager’s costs are around $40,000 per annum.

5. Each council will receive an annual report on the progress of the project. This

will be reported to our Council on 13 May 2014. As stated earlier, the annual




Mayor _________10 June 2014

financial statements will be reported to all the councils later this year, once finalised by the Barossa RDA. Note that copies of the adopted Minutes of the Project Steering Group are publicly available and can be found on the Project website at www.mountloftyranges.org


11.1. Native Vegetation Council – Native Tree Removal – Cr Ian Bailey

I move that the CEO write to the Native Vegetation Council seeking a review of their requirements for native tree removal where it is associated with the erection of Environmental Covers over orchards or vineyards, in order to reduce the burden on primary producers who need to install such infrastructure to protect their crops from birds and weather. Leave of the meeting was granted to vary the motion. Moved Cr Ian Bailey S/- Cr Jan Loveday

Carried 24

I move that the CEO write to the Native Vegetation Council seeking a review and explanation of its requirements for native tree removal where it is associated with the erection of Environmental Covers over orchards or vineyards, in order to reduce the burden on primary producers who need to install such infrastructure to protect their crops from birds and weather.

12. OFFICER REPORTS

12.1. Review of Order Making Policy

Moved Cr Kate Hosking S/- Cr Jan Loveday


That the Strategic Planning & Development Policy Committee resolves:


2. That the draft Order Making Policy as detailed in Appendix 1 of this report is approved to proceed to public consultation for a period of 4 weeks.

3. That at the conclusion of the public consultation, the matter be reported back to the Committee for consideration and adoption of the revised Policy.

12.2. Review of Council’s Liquor Licensing Policy

Moved Cr John Kemp S/- Cr Ian Bailey


http://www.mountloftyranges.org/




Mayor _________10 June 2014


2. To revoke the 12 February 2013 Liquor Licensing Policy and to adopt the draft May 2014 Liquor Licensing Policy with an effective date of 20 May 2014.

12.3. Development Application Fee Waiver Policy




2. To revoke the 14 August 2012 Development Application Fee Waiver

Policy and to adopt the draft May 2014 Development Application Fee Waiver Policy with an effective date of 20 May 2014.

7.58pm Cr Hosking left the meeting 7.59pm Cr Hosking returned to the meeting

12.4. Place and Road Naming Policy

Moved Cr Ian Bailey S/- Cr Ron Nelson


That the Strategic Planning & Development Policy Committee resolves: 1. That the report be received and noted. 2. To revoke the May 2013 Place and Road Naming Policy and to adopt the

draft May 2014 Place and Road Naming Policy with an effective date of 20 May 2014.




Mayor _________10 June 2014

12.5. Avenue of Trees – William Street, Birdwood Moved Cr Malcolm Herrmann S/- Cr Linda Green



(Appendix 1) be received and noted.

2. That the findings of the research undertaken to determine the historical significance of the trees which were planted as an Avenue of Memory by members of the community who may have been original settler families or families of significance who had made Birdwood their home, be noted.


period where the Arborist Report indicates that such work is required.

4. That the residents of William Street be advised of Council’s decision and the likely start date for maintenance work/tree removal.

12.6. Adelaide Hills Trails Network Strategy Moved Cr John Kemp S/- Cr Kate Hosking


That the Strategic Planning & Development Policy Committee resolves: 1. The report be received and noted.

2. The Adelaide Hills 20 Year Trail Network Strategy & Action Plan, as

contained in Appendix 2, be adopted.

3. That an implementation plan be prepared by staff in 2014 to inform spending priorities for consideration in future budgets.




Mayor _________10 June 2014

12.7. AHC Code of Conduct for Council Employees Moved Cr Kate Hosking S/- Cr Linda Green



2. To revoke the Adelaide Hills Council Code of Conduct for Council

Employees (dated 8 November 2011) effective from 20 May 2014.

12.8. Mount Lofty Ranges Agrarian Landscape World Heritage Bid Project – Annual Report & Amendment to the Memorandum of Understanding Moved Cr Jan Loveday S/- Cr Kate Hosking


That the Strategic Planning & Development Policy Committee:

1. receives and notes the report.

2. receives and notes the Annual Report for the World Heritage Listing Project for the Mount Lofty Ranges Agrarian Landscape.

3. agrees to continue with Stage 1 (National Heritage Listing bid) of the Project subject to commitment from the Alexandrina and Barossa Councils, the City of Onkaparinga and District Council of Mt Barker.

4. Recommends to Council to contribute $10,000 towards the Project for the 2014/15 Financial Year in line with the commitments from Alexandrina and Barossa Council’s and subject to a similar commitment from the City of Onkaparinga and District Council of Mt Barker.

5. authorises the CEO, on behalf of this Council, to sign the amended Memorandum of Understanding between Adelaide Hills, Alexandrina and Barossa Councils, District Councils of Mount Barker and Yankalilla and the City of Onkaparinga, for the purposes progressing the Mount Lofty Ranges Agrarian Landscape World Heritage Site Listing Bid.

6. agrees to endorse the amended Terms of Reference for the Project Steering Group and the Project Management Group in order to admit Alexandrina and Yankalilla Councils to these Groups.





Mayor _________10 June 2014

Cr Gale – Woodside Main Street Engineering works overnight Cr Kate Hosking – Velo-City Global 2014 Cycling Conference Adelaide Mayor Bill Spragg – Installation of bike racks down the main street of Balhannah


Nil

15. CONFIDENTIAL ITEMS Nil

16. NEXT MEETING Tuesday, 10 June 2014, 6.30pm, 36 Nairne Road, Woodside





59

Present

Presiding MemberStephen Hains

MembersLinda GreenJohn KempJan LovedayAlistair McHenryDr Wendy Stubbs

In Attendance

Marc SalverDeryn AtkinsonVanessa NixonTom VictoryMelanie ScottSam ClementsSandra FawcettKaren SavageHeidi Hirtler

Director Strategy & DevelopmentManager Development ServicesTeam Leader Statutory Planning

Senior Statutory PlannerStatutory PlannerStatutory PlannerStatutory PlannerMinute Secretary

Planning Cadet - Observer

1. CommencementThe meeting commenced at 6.05pm

2. Apologies/Leave of Absence

2.1 Apologies

Moved Wendy Stubbs Carried unanimouslyS/- Linda Green (28)

That the apology from Daniel Bennett for unavoidable absence be accepted andleave of absence from the meeting granted.

2.2 Leave of AbsenceNil




60

3. Previous Minutes

3.1 Meeting held 1 April 2014

Moved Linda Green Carried unanimouslyS/- Jan Loveday (29)

That the minutes of the meeting held on 1 April 2014 be confirmed as anaccurate record of the proceedings of that meeting.

4. Delegation of AuthorityDecisions of this Panel were determined under delegated authority as adopted byCouncil on 8 October 2013.

5. Presiding Member’s ReportNil

6. Declaration of Interest by Members of PanelNil

7. Matters Lying on the Table/Matters Deferred

7.1 Matters Lying on the TableNil

7.2 Matters Deferred

7.2.1 Development Application 12/871/473 by Fassina Investments Pty Ltd foralterations and additions to existing hotel including bottle shop, functionroom, relocation of gaming room, increase to dining area, new outdoordining area, upgrade of rear car park with access over right of way at Lot95 Greenhill Road, Uraidla, landscaping, demolition of outbuilding andwater storage tank at 1198 Greenhill Road, Uraidla

Deferred from meeting 6 August 2013

“That a decision on the matter be deferred to request the applicant to:

1. Demonstrate that approval has been obtained from the owner of the right ofway (Lot 95) to do work within the right of way to upgrade the access;

2. Consider alternate primary access through the squash court property forboth deliveries and car park access;

3. Reconsider retention and reuse of the old Blacksmith Shop; and4. Obtain specific arborist advice regarding construction of the roadway over

the critical root zone of the four (4) sequoia trees”.

Staff provided the Panel with an update on deferred item 7.2.1.




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7.2.2 Development Application 13/435/473 by Hills Medical Service for variationto Development Authorisation 473/1080/11 – to relocate access point tocar park at rear of premises and vary layout plan of car parking at 15Fenchurch Road, Aldgate

Deferred from meeting 4 March 2014


1. Prepare a plan that demonstrates that the entry and exit to the site, and carparking, will comply with Australian Standard AS2890.1:2004.”


7.2.3 Development Application 13/561/473 by Pauline M Hurren for two storeydwelling alterations and additions, deck (maximum height 3.1m) and22,500 litre underground water storage tank and demolition of outbuildingat 32 Milan Terrace, Stirling

Deferred from meeting 1 April 2014


1. Clarify the suitability of the proposed screen planting to minimise the issueof overlooking of the neighbour to the south;

2. Provide a landscaping plan that clearly identifies the trees which areproposed to be removed and those to be retained; and

3. Consider reducing the width of the exit driveway onto Mabel Street so that itdoes not require the removal of the oak tree in the road reserve”.


8. Development Assessment Applications

The Panel remained in ‘open’ session to hear the staff presentations, representationsand applicants’ responses for all the applications.

9:09pm Stephen Hains left the meeting

9:11pm Stephen Hains returned to the meeting

9:58pm The meeting was adjourned for a short break

10:05pm The Panel went into ‘closed’ session in order to allow for discussion anddetermination of all the applications




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8.1 Development Application13/562/473 by Australian Unitarian Druze CommunityInc for Community facility including meeting/function hall (350 person capacity),decking, associated earthworks & stepped retaining walls (maximum height of1.5m), water storage tanks (8 x 22,000L underground tanks & 4 x 22,000L aboveground tanks), car parking area (118 spaces), demolition of existing outbuilding,horticulture (orchards) & relocation of masonry pillar gateway at 197 NortonSummit Road (Piece 21) at 197 & 201 Norton Summit Road, Norton Summit


Name of Representor Address of Representor Nominated Speaker

Helen Smith 6 Morialta LaneNorton Summit

Adam Smith

Duncan Love 196 Norton Summit RdNorton Summit

Duncan Love

John & Gillian Cowling 87 Old Norton Summit Road,Norton Summit

Mack Wilson

Terence Glynn & HeatherMunro

19 Morialta LaneNorton Summit

Terence Glynn &Heather Munro

Rosa Horn 18 Morialta LaneNorton Summit

Rosa Horn

Jane Giles 14 Morialta LaneNorton Summit

Jane Giles

Rick & Kristen Johnston 203 Norton Summit Road,Norton Summit

Rick Johnston

Donald Pellew 207 Norton Summit Road,Norton Summit

Darren Starr

Sam & Amy England 53 Teringie DriveTeringie

Sam England

Bruce MacDonald 222 Norton Summit Road,Norton Summit

Bruce MacDonald

Mack Wilson 85 Old Norton Summit Road,Teringie

Mack Wilson

Benjamin Sanders 17 Ridgeland DriveTeringie

Kay Parnell (TRA)

Simon Abrahams -TeringieResidents Association (TRA)

113 Woodland WayTeringie

Simon Abrahams

The applicant’s representatives, Alan Rumsby from URPS and RichardHamood, addressed the Panel.




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That the Council Development Assessment Panel considers that theproposal is at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and REFUSES Development Plan Consent toDevelopment Application 13/562/473 by Australian Unitarian DruzeCommunity Inc for Community facility including meeting/function hall(350 person capacity), decking, associated earthworks & steppedretaining walls (maximum height of 1.5m), water storage tanks ( 8 x22,000L underground tanks & 4 x 22,000L above ground tanks), carparking area (118 spaces), demolition of existing outbuilding, horticulture(orchards) & relocation of masonry pillar gateway at 197 Norton SummitRoad (Piece 21) Norton Summit at 201 Norton Summit Road, NortonSummit for the following reasons:

The proposal is not consisted to be in keeping with the appearanceand character of development expected in rural areas and willtherefore impact on the rural character of the locality. The proposal isinconsistent with CW Objectives 87, 88 and 90 and PDCs 227, 230, 244and 248 and Objective 2 and PDC 4 of the Rural Norton Summit PolicyArea.

The proposal is inconsistent with the predominant scale and siting ofdevelopment within the locality. The proposal is inconsistent withPDC 11 of the Watershed (Primary Production) Zone.

The proposal is for a non-residential building which is only setback16m from the northern side boundary inconsistent with PDC 14 of theRural Norton Summit Policy Area.

The building will be up to 12m above the natural ground levelinconsistent with PDC 15 of the Rural Norton Summit Policy Area.

Given the significant scale of the development and the substantial on-site waste control system the proposal is unlikely to enhance thenatural resources of the Mount Lofty Ranges. The proposal is atvariance with Objective 1 of the Watershed (Primary Production) Zone.

The proposal is not considered to be orderly and economic and istherefore inconsistent with CW Objective 1 and PDC 2.

The proposed development will contribute to the continuedencroachment of urban development into rural areas and is thereforeinconsistent with CW Objective 5.




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The proposal is not considered to be similar in design and scale to thedevelopment within the adjacent Hills Face Zone and is thereforeinconsistent with CW PDC 5.

The proposed development will produce large amounts of waste waterand is not able to be connected to sewer or common effluent. Theproposal is therefore inconsistent with PDC 21.

The proposed community facility is not integrated with business andshopping facilities in a defined centre. The proposal is inconsistentwith Objective 53.

The scale and use of the facility has not been designed to minimizedisturbance of the amenity of nearby residents. The proposal isinconsistent with PDC 148.

The building has not been sited unobtrusively, extensive earthworksresulting in substantial modification of the existing land form arerequired. The proposal is inconsistent with PDC 16 of Rural NortonSummit Policy Area and CW PDCs 228, 229, 232 and 233.

The proposal would result in an urban use in a high bushfire pronearea inconsistent with CW Objective 107.

8.2 Development Application 14/239/473 by Woolcock Construction Pty Ltd forvariation to Development Authorisation 11/1091/473: internal works to relocatedbuilding 6 (lunchroom, office and facilities), removal of sliding door to building2, amendment to rear fencing (2.4m high), relocation of Balhannah Kitchenstenancy and alteration to floor areas of north eastern retail tenancies 3 & 4 at 31-37 Onkaparinga Valley Road, Balhannah



Nominated Speaker

Ros & Greg Foale 10 Sunningdale CourtBalhannah

Tim Pride

Paul & Sandy Brokensha 9 Sunningdale CourtBalhannah

Paul & Sandy Brokensha

The applicant’s representative, Eric Lampard from Woolcock Construction,addressed the Panel.




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That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentPlan Consent to Development Application 14/239/473 by WoolcockConstruction Pty Ltd for Variation to Development Authorisation11/1091/473: internal works to relocated building 6 (lunchroom, office andfacilities), removal of sliding door to building 2 , amendment to rearfencing (2.4m high) , relocation of Balhannah Kitchens tenancy andalteration to floor areas of north eastern retail tenancies 3 and 4 at 31Onkaparinga Valley Road, Balhannah SA 5242 subject to the followingconditions:


Drawing from Woolcock Construction drawing number WG-BALCOS-02-DP revision C1.2 dated 19-03-14


(2) Except where varied by this authorisation, all other conditions, plansand details relating to Development Authorisation 11/1091/473continue to apply to this amended authorisation.

REASON: To ensure all valid conditions are complied with.

(3) The area between Building 6 and the new fence adjacent to thewestern boundary shall not be used for storage of apple crates. Ifother storage occurs it should not exceed the height of the fence orinvolve combustible materials.

REASON: To preserve amenity and reduce fire risk for theadjoining residential property.

NOTES(1) This development authorisation to vary the original authorisation is

valid for a period not exceeding that of the original authorisation ie18 September 2014. This time period may be further extended bywritten request to and approval, by Council prior to the approvallapsing. Application for an extension is subject to payment of therelevant fee and will be required to be paid for both the originalauthorisation and the variation authorisation.




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(3) DEWNR Native Vegetation CouncilThe applicant is advised that any proposal to clear, remove limbs ortrim native vegetation on the land, unless the proposed clearance issubject to an exemption under the Regulations of the NativeVegetation Act 1991, requires the approval of the Native VegetationCouncil. The clearance of native vegetation includes the flooding ofland, or any other act or activity that causes the killing ordestruction of native vegetation, the severing of branches or anyother substantial damage to native vegetation. For furtherinformation visit:www.environment.sa.gov.au/Conservation/Native_Vegetation/Managing_native_vegetation

Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9777.This must be sought prior to Full Development Approval beinggranted by Council.





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8.3 Development Application 12/D2/473 by Balhannah Co-Op Society Ltd for LandDivision – boundary realignment (9 allotments to 9 allotments) at 29-37Onkaparinga Valley Road, Balhannah



Nominated Speaker

Paul Brokensha 9 Sunningdale CourtBalhannah

Paul Brokensha

The applicant’s representative, Denis Bleeze, addressed the Panel.


Moved Alistair McHenry CarriedS/- Linda Green (32)

That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentPlan Consent and Land Division Consent to Development Application2012/D2/473 by Balhannah Co-Op Society Ltd for Land division -boundary realignment (9 allotments to 9 allotments) at 29-37 OnkaparingaValley Road, Balhannah SA 5242 subject to the following conditions:

(1) The development herein approved shall be undertaken inaccordance with the following plans and written submissionsaccompanying the application, unless varied by a separatecondition:

Amended plan of division from Bleeze, Neale & Assocs Pty Ltdreference G3408-PROP-SG1B-V2, G3408-Site fill area V2

Flood advice from Tonkin Consulting dated 5 October 2011reference 20110636LA1/HE/HE

Submission from Bleeze Neale & Assocs Pty Ltd dated 16 April2014

Interim Audit Advice from KIRSA Environmental dated February2014


(2) Any fencing along the boundaries of proposed allotments 29, 28, 21& 22 in the flood plain shall be open style fencing only.





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Department of Planning Transport and Infrastructure Requirements(3) All access to / from Allotment 27 must be gained via Pugh Road

only. No direct access onto Onkaparinga Valley Road shall bepermitted for this allotment. The Pugh Road access to Allotment 27shall be located adjacent the north western property boundary.

Land Division Conditions(4) The financial and augmentation requirements of the SA Water

Corporation shall be met for the provision of water supply andsewerage services. (SA Water 90006/12).

The necessary easements shall be granted to the SA WaterCorporation free of cost.REASON: Statutory requirement in accordance with Section 33(1) (c) of the Development Act 1993.

(5) A final plan complying with the requirements for plans as set out inthe Manual of Survey Practice Volume 1 (Plan Presentation andGuidelines) issued by the Registrar General to be lodged with theDevelopment Assessment Commission for Land Division Certificatepurposes.

REASON: Statutory requirement in accordance with Section 51of the Development Act 1993.

Department of Planning Transport and Infrastructure Requirements(6) The Onkaparinga Valley Road / Pugh Road junction shall be widened

and sealed to the satisfaction of DPTI. This junction shall beprovided with a shared channelised right-turn (CHR) treatment and abasic left-turn (BAL) treatment.

(7) The widening shall allow sufficient area for the provision of a vergeto construct a DDA compliant footpath.

(8) The shoulders of Onkaparinga Valley Road shall be sealed to thesatisfaction of DPTI.

(9) All road works associated with the formalisation of the OnkaparingaValley Road / Pugh Road junction shall be designed and constructedto the satisfaction of DPTI, with all costs (including design,construction, project management and any road lighting orstormwater infrastructure upgrade required) to be borne by theapplicant. The applicant shall contact DPTI’s Senior ConsultantTraffic Engineering, Metropolitan Region, Ms Catherine Magraith onPh. (08) 8226 8267 to discuss the required works.




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(10) Any obsolete crossovers shall be closed and reinstated to Councilstandard kerb and gutter at the applicant’s expense.

(11) The boundaries of Allotments 25 & 27 shall not be finalised untilPugh Road and the Onkaparinga Valley Road / Pugh Road junctionhave been constructed. The final allotment boundaries shall reflectthe new road boundaries.

(12) No stormwater from this development shall be permitted todischarge on-surface to Onkaparinga Valley Road. In addition, anyexisting drainage of Onkaparinga Valley Road shall beaccommodated in the development and any alterations to roaddrainage infrastructure as a result of this development are to be atthe expense of the applicant.

Council Land Division Requirements(13) Prior to commencement of work, the following detailed construction

design drawings, survey and specifications are required to besubmitted to Council in accordance with Council Engineering’sStatement of Requirements and approved by Council:

i. Road pavement layout and grading plan including trafficmanagement measures signed by a licensed surveyor, withroads designed to accommodate a three-point turn by Acco-Fseries Council garbage truck;

ii. Road pavement design drawings with geotechnical report andcopy of CBR test results and traffic estimates;

iii. Traffic management device designs;iv. Detailed Street lighting plan showing street lighting locations;v. Stormwater Management Plan and detailed stormwater

management design and calculations of the StormwaterManagement Drainage System; and

vi. Detailed Landscaping Plan for Street Tree Planting.

(14) Prior to Section 51 clearance of the land division, the works requiredby the design plans stamped approved by Council for constructionshall be constructed for that stage to the satisfaction of Council and,“as-built” drawings of the infrastructure shall be submitted toCouncil along with certification from a suitably qualified engineerthat the works have been completed in accordance with theapproved design.

(15) Prior to Section 51 clearance for the land division, an asset registerof the infrastructure constructed shall be provided to Council’ssatisfaction in digital format.

(16) Prior to Section 51 clearance a water supply and fire hydrant systemof adequate capacity to be used for fire and other emergencieswithin the proposed development area shall be provided. The designof the distribution main and fire hydrant system shall be inaccordance with the following requirements of the CFS:




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i. A wet pipe system incorporating SA Water standards, with aminimum pipe size of 100mm for the distribution main.

ii. Of adequate capacity to provide a continuous supply of waterfor the fire service, for a minimum period of two hours at a rateof 600 l/m at 200 kpa taken from the most hydraulicallychallenged hydrant point.

iii. Designed with hydrant points provided at not more than 120metre intervals along residential streets and at each streetintersection (AS2419).

(17) Prior to Section 51 clearance the final audit report from KIRSAEnvironmental shall be provided to Council.

(18) Prior to Section 51 clearance site remediation as recommended byKIRSA Environmental final report should be completed.

NOTES(1) Property Identifiers

Lot 27 - 1 Pugh RoadLot 25 - 1 Wicks CloseLot 24 - 2 Wicks CloseLot 23 - 3 Wicks CloseLot 22 - 4 Wicks CloseLot 21 - 5 Wicks CloseLot 28 - 6 Wicks CloseLot 29 - 7 Wicks Close

(2) The development herein approved involves work within closeproximity to the boundary. The onus of ensuring development is inthe approved position on the correct allotment is the responsibilityof the land owner/applicant. This may necessitate a survey beingcarried out by a licensed land surveyor prior to the workcommencing.



(5) The applicant is reminded that Adelaide Hills Council accepts noresponsibility for damage to, or loss of property, as a result offlooding. It is the applicant’s responsibility to ensure that allappropriate steps are undertaken to minimise the potential damageto property as a result of flooding.




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(6) Council has relied on the site investigations undertaken as evidencethere are no known contaminants present to prevent the site beingused for residential use. There can be no complete guarantee thatcontaminants are not present at significant concentrations in someareas. Should site works or other research uncover additionalinformation in relation to site contamination, persons having benefitof this authorisation may need to undertake further investigations.

(7) Department for Water, Land, Biodiversity and Conservation NoteThe applicant is advised that any proposal to clear, remove limbs ortrim native vegetation on the land, unless the proposed clearance issubject to an exemption under the Regulations of the NativeVegetation Act 1991, requires the approval of the Native VegetationCouncil. The clearance of native vegetation includes the flooding ofland, or any other act or activity that causes the killing ordestruction of native vegetation, the severing of branches or anyother substantial damage to native vegetation.

For further information visit:http://www.environment.sa.gov.au/Conservation/Native_vegetation

Any queries regarding the clearance of native vegetation should bedirected to the Native Vegetation Council Secretariat on 8303 9741.

8.4 Development Application 12/713/473 by Malcolm Leahy & Linda Anderson fortwo storey detached dwelling, decks (maximum height 3m), 4 x 22,500 litre waterstorage tanks, retaining walls (maximum height 1.9m), masonry fence (maximumheight 2.3m) & associated earthworks (non-complying) at 11 Upper Sturt Road,Crafers West


The applicants’ representative, John Outhred, was invited to answer questionsfrom the Panel.



That the Council Development Assessment Panel considers that theproposal is at variance with the relevant provisions of the Adelaide HillsCouncil Development Plan, and REFUSES Development Plan Consent toDevelopment Application 2012/713/473 by Malcolm Leahy & LindaAnderson for Two storey detached dwelling, decks (maximum height 3m),4 x 22,500 litre water storage tanks, retaining walls (maximum height1.9m), masonry fence (maximum height 2.3 m) & associated earthworks(non-complying) at 11 Upper Sturt Road, Crafers West SA 5152 for thefollowing reasons:




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1. The development is contrary to WPP Zone Objective 6 and PDCs 1 & 4in that it: is not located below the ridge line; does not have a roof line that complements the natural form of the

land; is of a bulk & scale that does not complement the contours of the

land; and it will not enhance the amenity and landscape of the Mt Lofty

Ranges.

2. The development is contrary to Council Wide Objective 88 and PDC 87in that the building: will not be unobtrusively sited or of a character and design which

blends naturally with the landscape; and is not located below the ridge line.

3. The development is contrary to Council Wide PDC 43 in that: the associated points of access and egress for the development

have potential to cause interference with the free flow of traffic onthe adjoining road.

8.5 Development Application 13/896/473 by Mirage Homes for Land Division tocreate one additional allotment at 10 John Street, Oakbank


The applicant’s representative, Julie Jansen from MasterPlan, was invited toanswer questions from the Panel.



That the Council Development Assessment Panel considers that theproposal is substantially at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and REFUSES Land DivisionConsent to Development Application 13/896/473 (2013/D 49/473) byMirage Homes for Land Division to create one additional allotment at 10John Street, Oakbank 5243 for the following reasons:

Land Division Proposal at Variance with Development Plan

The proposal is at variance with the following provisions of the AdelaideHills Council Development Plan:




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1. Council WideObjectives 1, 10, 87 and 90 as it is likely to encourage incrementalcreep of smaller allotments which has the potential to impinge on theestablished low density village character of Oakbank.

2. Principles of Development Control 3, 9, 35(a) 39, 76, 227 and 230 as itdoes not satisfy the established character by proposing a 426m2

allotment within a locality which has allotments substantially greater,and is considered to be out of character with the establishedcharacter of the locality therefore having the potential to impact onthe achievements and objectives of other land in the locality.

3. CT(O&B) ZoneObjectives 1, 2 and 5 as it is likely to significantly change the villagecharacter and established low density residential development.

4. CT(O&B) Zone Village Policy AreaObjectives 1 and 2 as it will not preserve the village character ofOakbank by not maintaining low density residential development.

5. Principles of Development Control 5 as it does not permit anyproposed development upon the allotment to be in keeping with theestablished character of the location by not permitting theestablishment of large gardens which encourages the open vista andvillage character of the locality.

8.6 Development Application 13/435/473 by Hills Medical Service for variation toDevelopment Authorisation 11/1080/473 – to relocate access point to car park atrear of premises and vary layout plan of car parking at 15 Fenchurch Road,Aldgate



The following recommendation was adopted by consensus of allmembers (35)

That the Council Development Assessment Panel considers that theproposal is not seriously at variance with the relevant provisions of theAdelaide Hills Council Development Plan, and GRANTS DevelopmentConsent to Development Application 13/435/473 by Hills Medical Servicefor Variation to development authorisation 11/1080/473 - to relocateaccess point to car park at rear of premises at 15 Fenchurch Road,Aldgate SA 5154 subject to the following conditions:




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(1) Development In Accordance With the PlanThe development herein approved shall be undertaken inaccordance with the following plans, details and writtensubmissions accompanying the application, unless varied by aseparate condition:

Plans prepared by applicant date stamped by Council, 5 November2013:

Site plan Vehicle manoeuvring plan prepared by Crafers building Design

Dated 3/2014 (Ref: AHC IC14/435)

REASON: To ensure development in accordance with approvedplan.

(2) AmenityAll external lighting shall be directed away from residentialdevelopment and, shielded if necessary to prevent light spill causingnuisance to the occupiers of those residential properties.


(3) Car parking Designed In Accordance With Australian StandardAS 2890.1:2004All car parking spaces, driveways and manoeuvring areas shall bedesigned, constructed, drained and line-marked in accordance withAustralian Standard AS 2890.1:2004. Line marking and directionalarrows shall be clearly visible and maintained in good condition atall times. Driveways, vehicle manoeuvring and parking areas shall beconstructed of compacted gravel or bitumen or brick paved prior tooccupation and maintained in good condition at all times to thereasonable satisfaction of the Council.


NOTES(1) Erosion Control During Construction

Management of the property during construction shall beundertaken in such a manner as to prevent denudation, erosion orpollution of the environment.
