AGENDA
DEVELOPMENT ASSESSMENT
PANEL MEETING
08 December 2014
1:30PM
(I)
(II)
Development Assessment Panel – 1:30pm.
Attachments (Elected & Panel Members Only)
KANGAROO ISLAND COUNCIL
NOTICE is hereby given that a Development Assessment Panel Meeting is to be held at the
Kangaroo Island Council Chambers, Dauncey Street, Kingscote on 08 December 2014
commencing at 1:30pm.
Andrew Boardman
Chief Executive Officer
PRESENT
Pres. Member:
Member:
Member:
Member:
Councillor:
Councillor:
Councillor:
OPENING
Meeting declared open at _______
Welcome and acknowledgment of new panel.
1.0
APOLOGIES
2.0
CONFLICT OF INTEREST DECLARATION
3.0
REPRESENTATIONS
4.0
DAP MINUTES OF MEETING HELD 03 NOVEMBER 2014 (YELLOW PAGES)
That the Minutes of the Development Assessment Panel Meeting held on 03
NOVEMBER 2014 be confirmed.
5.0
BUSINESS ARISING FROM MINUTES OF 03 NOVEMBER 2014
6.0
DEVELOPMENT SERVICES DEPARTMENT REPORTS
Chairperson J. Bates and Panel Members, the following reports are submitted to the
08 DECEMBER 2014 Development Assessment Panel Meeting.
RECOMMENDATION
That the Development Services Department Reports be received.
7.0
DEVELOPMENT SERVICES DEPARTMENT APPLICATIONS
OCT– NOV 2014
Register of Planning and Building applications report tabled for Development
Assessment Panel information.
RECOMMENDATION
That the report detailing applications approved and / or being processed under
delegated authority by the Development Services Department be received and noted.
8.0
APPLICATIONS REQUIRING COMMITTEE DECISION
Individual reports are attached hereabouts for committee decision.
Item 8.1
Development Application: 520/117/14
Applicant: Mr. Ronald Holman
Proposal: Outbuilding, ancillary to dwelling within the Residential Zone.
Item 8.2
Development Application: 520/091/14
Applicant: Mr. Anthony Willson
Proposal: Commercial crushing and stockpiling of basalt rock (10,000 tonnes) within
the Industry Zone.
ITEM 8.1
APPLICATION NO.
520/117/14
DEVELOPMENT DETAILS
Outbuilding, ancillary to dwelling within the
Residential Zone.
Applicant
Ronald Holman.
11 Hawker Crescent
Elizabeth East SA
Owner
Ronald Holman.
11 Hawker Crescent
Elizabeth East SA
Site Address
Allotment 39 DP1691, Addison Street, Kingscote
Hundred of Menzies.
Property Details
Certificate of Title Volume 5193 Folio 769
Zone
Residential Zone, Map KI/24.
Public Notification
Merit, Category 2 – public notification undertaken,
one (1) representation received.
Application Date
29 September 2014
Relevant Development Plan
Consolidated 20 February 2014
Department
Development Services
David Burrow
Development Officer
Issues Summary
The proposed development fails to meet the
Kangaroo Island Development Plan’s prescribed
scale requirements for residential outbuildings
ancillary to dwellings.
The proposed development presents nine (9)
meters of uninterrupted walling directly abutting an
adjacent residential allotment.
The proposed development is situated in close
proximity to a Commercial Zone which envisages
and currently contains this scale of development.
SUBJECT LAND AND LOCALITY
The subject land is identified as allotment 39 in Development Plan DP 1691, Hundred
of Menzies, identified in Certificate of Title Volume 5193 Folio 769. The land is
otherwise known as number 17 Addison Street being of rectangular shape with a
single road frontage along the northern boundary. The land adjoins other residential
zoned land on all sides including the adjacent allotment, directly to the north, which
contains ‘KICE’ Kingscote Campus.
The subject land contains an existing detached dwelling approved under
development application 520/064/13 in which a proposed garage of 9 meters x 12
meters was to be applied for “by Owner on separate application”. The ‘proposed
garage’ indicated in the DA 520/064/13 plans was setback 3 metres from rear
allotment boundary and 900 millimeters from the western allotment boundary.
The current proposed garage under this subject development application 520/117/14,
is to be located in the rear south-western corner of the allotment, 5 meters from the
rear allotment boundary and directly abutting the western allotment boundary.
The subject land is located adjacent ‘KICE’ Kingscote Campus, one allotment over
from Kohinoor Road and less than 100 meters from a Commercial Zone which
contains existing sheds of a larger scale.
The subject land is contained wholly within the Residential Zone and is delineated in
the following maps & Images:
Zone and BPA Maps; Kangaroo Island Development Plan, Consolidated 20 February 2014.
Locality Plan; Aerial Image, Nature Maps www.naturemaps.sa.gov.au.
View from Addison Street.
View from Ayliffe Street, looking across 19 Addison Street.
PROPOSAL
The proposal seeks Full Development Approval for the construction of a domestic
outbuilding (shed).
The proposed shed is dimensioned 12 metres x 9 metres with a total floor area of
108 square meters. The proposed height will be 3.2 meters to the top of the walls
and have a maximum ridge height of 4.175 meters with a gable roof pitch sloped 11
degrees.
The proposed shed is to be used for domestic purposes and finished in ‘classic
cream’.
The proposed site plan, concept plan and shed specifications are included in
Attachment A.
DETERMINATION OF APPLICATION, PUBLIC NOTIFICATION & OTHER
STATUTORY REQUIREMENTS
Development Classification:
The Kangaroo Island Development Plan, Consolidated 20 February 2014, Zone
Map KI/24 indicates that the subject land is contained wholly within the Residential
zone.
The Residential zone provisions envisage domestic outbuildings in association with
an existing dwelling.
The proposed development fails to meet the criteria of either Table KI/1 Conditions of
Complying Development of the Kangaroo Island Development Plan or Schedule 4 –
Complying Development of the Development Regulations 2008 and must be
assessed ‘on merit’.
Categorisation:
The proposed development constitutes a category 2 form of development, pursuant
to Section 38 (2)(a)(ii) of the Development Act 1993 and Schedule 9 Part 2 (20) of
the Development Regulations 2008 as it fails to meet Schedule 9 Part 1 (2) (d)(iii)
being located less than 900 millimetres from the allotment boundary, (iv)(C) having a
wall height of over 3 metres and (E) a total floor area greater than 54 square metres.
Public Notification:
The category 2 public notification process was undertaken between the dates of 02
October 2014 and 17 October 2014.
One (1) representation was received by Council as a result of the Category 2 public
notification process.
The one (1) representation indicated that they had no problem with the proposed
shed provided it was “not painted pink”. The applicant has noted that the shed will be
finished in ‘classic cream’.
The category 2 representation is included in Attachment B.
REFERRALS AND AGENCY CONSULTATION
There were no mandatory referrals undertaken pursuant to Schedule 8 of the
Development Regulations 2008.
DEVELOPMENT PLAN & POLICY
The proposal is presented to the Panel in accordance with Council Delegations
Policy – for a decision in respect of a form of development that is of a nature that it
may be contentious generally, notwithstanding it has undertaken category 2 Public
Notification receiving one (1) representation with no objections.
The following Objectives and Principles of Development Control (PDC) of the
Kangaroo Island Development Plan – Consolidated 20 February 2014, are
considered relevant to the assessment of this application.
Residential Zone
Objectives: 3 & Desired Character Statement
PDC’s: 1, 2, 5 & 6
Design and Appearance
Objectives: 1
PDC’s: 1, 2, 3, 4, 7 & 17
Residential Development
Objective: 1
PDC’s: 11, 13, 20 & 27
PLANNING ASSESSMENT
Residential Objective 3: Development that contributes to the desired character of
the zone.
Res Development Objective 1: Safe, convenient, pleasant and healthy-living
environments that meet the needs and preferences of the community.
Desired Character Statement:
Para 1: Residential growth in the townships of Kingscote, Penneshaw, American
River, Parndana, Emu Bay and Baudin Beach will develop to create safe, pleasant
and cohesive living environments facilitated by the redevelopment of underutilised
land and integrated high quality development.
Res Zone PDC 5: The use and placement of outbuildings should be ancillary to and
in association with a dwelling or dwellings.
Res Zone PDC 6: Development should not be undertaken unless it is consistent with
the desired character for the zone.
Res Zone PDC 1: The following forms of development are envisaged in the zone:
 domestic outbuilding in association with a dwelling,
 …
This proposal seeks to construct a domestic outbuilding in association with an
existing approved dwelling. The construction of such domestic structures is
envisaged in the Residential zone and is considered to meet a need and preference
of the community. The proposed kind of development is therefore deemed to be in
accordance with the desired character of the Residential zone and the objectives of
Residential Development.
Design and Appearance Objective 1: Development of a high architectural standard
that responds to and reinforces positive aspects of the local environment and built
form.
Design and Appearance PDC 1: The design of a building may be of a contemporary
nature and exhibit an innovative style provided the overall form is sympathetic to the
scale of development in the locality and with the context of its setting with regard to
shape, size, materials and colour.
Design and Appearance PDC 2: Buildings should be designed and sited to avoid
creating extensive areas of uninterrupted walling facing areas exposed to public view.
Design and Appearance PDC 3: Buildings should be designed to reduce their visual
bulk and provide visual interest through design elements such as:
(a) articulation
(b) colour and detailing
(c) small vertical and horizontal components
(d) design and placing of windows
(e) variations to facades.
Design and Appearance PDC 4: Where a building is sited on or close to a side
boundary, the side boundary wall should be sited and limited in length and height to
minimise:
(a) the visual impact of the building as viewed from adjoining properties
(b) overshadowing of adjoining properties and allow adequate natural light to
neighbouring buildings.
Design and Appearance PDC 7: The external walls and roofs of buildings should
not incorporate highly reflective materials which will result in glare.
Design and Appearance PDC 17: The external materials and colours of a building
should not result in a detrimental impact upon the existing character of the locality.
Res Development PDC 11: Garages, carports and outbuildings should have a roof
form and pitch, building materials and detailing that complement the associated
dwelling.
Res Development PDC 13: Outbuildings should satisfy all of the following
requirements:
(a) be in association with an existing dwelling
(b) not be greater than 75 square metres in floor area except within the Rural Living
Zone and Primary Production Zone where they should not exceed 115 square
metres of floor area
(c) not be greater than 3.1 metres in height from natural ground level to the top of the
walls
(d) not be greater than 3.6 metres in height from natural ground level to the top of the
gable (if relevant)
(e) be finished in external surfaces in a colour that matches or blends with any
existing dwelling on the site, and is in keeping with the character of the locality.
The proposed development is for an ancillary domestic outbuilding constructed of
corrugated iron and finished in ‘classic cream’. The materials and finishes of the
proposed structure are considered to be consistent with the locality.
The proposed development varies from Residential Development Principles of
Development Control 13 (PDC 13) in (b) total floor space, (c) wall height and (d) the
height of the gable. Subject to the proposed development’s failure to satisfy the
requirements of PDC 13 it is considered that the proposed development does not
accord with the size and scale for domestic outbuildings ancillary to dwellings.
However, given the structure’s proximity to other larger non-habitable sheds and
siting to the rear of the allotment there is evidence to justify larger outbuildings in the
locality.
The proposed development contains 108 m² of floor space, 33 m² more than the
prescribed 75 m² in a Residential zone. This additional floor space is deemed to be
negligible due to the proximity of the proposed development to a Commercial zone in
which larger floor areas are allowed. The proposed additional floor space is therefore
unlikely to unduly affect the locality.
The proposed development’s height exceeds those prescribed by the Kangaroo
Island Development Plan by 100 - 600 millimetres, creating a wall height of 3.2
metres and a total height of 4.175 metres. The total height of the existing dwelling on
the site is approximately 4 metres above natural ground level and there are dwellings
on adjoining properties set higher than 4.0 metres. In addition, the commercial zone
located to the west of the subject land contains outbuildings of substantially greater
heights.
The proposed height variation is subsequently considered negligible as it remains
compatible with the height of other structures in the locality.
The proposed development is set back 5 metres from the rear of the allotment which
is considered to be an acceptable rear setback. However, the proposed outbuilding
presents 9 metres of uninterrupted walling along the western boundary. The
adjoining property affected has a dwelling sited to the north of the allotment leaving
the southern area open. The proposed shed therefore causes no overshadowing of
any existing habitable buildings.
It is subsequently considered that the proposed development presents no undue
detriment to the adjoining property’s amenity despite the locating of 9 metres of
uninterrupted walling along the western boundary.
The proposal is ‘at variance’ with the Kangaroo Island Development Plan
consolidated 22 December 2011 by virtue of its failure to meet the prescriptive
requirements of Residential Development PDC 13.
However, it is considered that the proposal demonstrates substantial merit to warrant
thorough consideration of its appropriateness in the locality particularly subject to the
development’s proximity to the Commercial zone.
CONCLUSION
The proposed development of an outbuilding ancillary to an existing residential
dwelling is considered ‘on balance’ to demonstrate a reasonable level of consistency
with the intent of the Kangaroo Island Development Plan, Consolidated 20 February
2014.
Specifically, the proposal, despite being at some variance with Kangaroo Island
Development Plan Residential Development Principle of Development Control 13 does
exhibit sufficient merit by way of locality and materials to be granted consent.
RECOMMENDATION
The Development Assessment Panel resolve (i) that the development application is
not at serious variance with the Kangaroo Island Development Plan consolidated
20 February 2014, and (ii) the panel resolve to approve Development Application
520/117/14 for construction of a domestic outbuilding at allotment 39 in Development
Plan DP1691 in the Hundred of Menzies for Mr. R. Holman, subject to (but not
limited) to the following conditions of consent:
1. The Development herein approved must, except as varied by the conditions of
consent be carried out in accordance with the approved plans and details to the
satisfaction of Council.
2. The building shall not be used for any purpose other than that described on this
notification.
3. All excess stormwater from roofed buildings, sealed areas and tank overflows
must be discharged to the street watertable by a suitably designed drainage
system to the satisfaction of Council's Technical Services Department Manager.
4. The site must be kept in a neat and tidy manner at all times.
Note –
Building work must not be commenced until Provisional Building Rules
Consent and Development Approval is granted.
Note –
Class 10 Notification - Regulation 74
A person undertaking building work (Class 10) must give Council one
business day notice of commencement of the building work.
ITEM 8.2
APPLICATION NO.
520/091/14
DEVELOPMENT DETAILS
Commercial crushing and stockpiling of basalt
rock (10,000 tonnes) within the Industry Zone.
Applicant
Mr. Anthony Willson
A.G. Willson Earthmovers
PO Box 291
Lonsdale SA 5160
Owner
Kangaroo Island Council
43 Dauncey Street
Kingscote SA 5223
Site Address
Piece 5* of allotment comprising pieces 4* and 5*
FP103561, Hundred of Menzies.
Property Details
Certificate of Title Volume 5611 Folio 656
Zone
Industry Zone, Map KI/23
Public Notification
‘On Merit’, Category 2 Development.
Notification undertaken to adjoining and adjacent
land owners. Two representations received.
Application Date
15 July 2014
Relevant Development Plan
Consolidated 20 February 2014
Department
Development & Environmental Services
Aaron Wilksch
Manager, Development & Environmental Services
Issues Summary
Category 2 Development subject to representations
being received.
Representations raise concern over dust & noise
outfall from the activity but identify that dust
suppression could overcome the representation.
Proposal is considered to warrant the consideration
of the DAP due to the matter of dissimilar land uses
at the interface of the two planning policy zones.
BACKGROUND
Preliminary discussions for this application provided that the Industry Zone is an
appropriate area for industrial scale rock crushing and material stockpiling, subject to
required approvals being obtained.
The proposal does not represent any contractual obligation of the applicant to supply
material to Council for road re-sheeting works, thus the Council’s interest in this
application only extends to the ownership of the land and any contract to the use of
the land that may result subject to this assessment.
SUBJECT LAND AND LOCALITY
The subject land is identified as Piece 5* in Allotment comprising Pieces 4* and 5* in
Deposited Plan 103561 in the Hundred of Menzies, identified in CT 5611/656.
The land is situated to the south-east side of the intersection of North Coast Road
and Ten Tree Road and is most easily recognised as the Kangaroo Island Waste
Resource Recovery Centre (Kingscote waste transfer centre & rubbish tip). The 204
m² Piece 4* of the land exists on the western side of Ten Tree Road, and together
the land equals just under 31 Ha.
The land is freehold property owned by Kangaroo Island Council, it is comprised
mainly of open ex-farming land with a patch of approximately 5 hectares containing
sparsely vegetated native woodland and scrub.
Piece 5* is bounded by Industry Zone land to the east, directly adjoining the former
KI Export Abattoir and the residential property that formerly served that facility (now
freeheld and contains a store yard for wrecked motor vehicles).
The land is bordered to the south and west by Primary Production Zoned land and
land opposite to the north of North Coast Road is zoned Rural Living, which is
currently un-developed however has been subdivided into a range of different sized
allotments which are controlled under a Land Management Agreement (LMA) to
restrict sensitive development (dwellings and habitable structures) to areas outside of
a 500m radius ‘buffer’ from the boundary of the Industry zone.
The land contains existing industrial activities and buildings used for the primary
depot for waste management activities on Kangaroo Island. Predominantly the site is
used for storage and stockpiling of sorted waste and refuse materials for further
processing (green waste mulch) recycling (metal, plastic paper products and other
recyclable materials), re-use and transport away from the island, mainly concerning
putrescible garbage.
Previously the site has supported bulk handling of grain for CBH / Ausbulk which
occupied the area of the land subject to this proposal, with temporary grain ‘bunkers’
used as an interim for receiving, storage and then export of bulk grain.
The subject land generally exhibits a rural / industrial character that is not currently
influenced by the Rural Living zoned land to the north. Land uses in the Industry
Zone are typically not heavy or highly intensive uses, though they commonly feature
heavy vehicle transport and service vehicle traffic.
The subject land is contained wholly within the Industry Zone as delineated in Map
KI/23 of the Kangaroo Island Development Plan and is identified on the following
maps & images:
Zone Map, Kangaroo Island Development Plan, Consolidated 20 February 2014.
Aerial Image, Nature Maps www.naturemaps.sa.gov.au, locality plan.
Aerial Image, Nature Maps www.naturemaps.sa.gov.au, detailed enlargement.
PROPOSAL
The development application seeks Planning Consent and Development Approval to
operate a rock crushing plant and to stockpile 10,000 tonnes of crushed basalt
material upon the north-eastern corner of the land, occupying an area of
approximately 100 metres x 150 metres (1.5 Ha).
The proposal purports the use of a mobile crushing plant (crusher and screen),
loader and excavator during crushing operations, able to be operated by two
workers. The crushing of the proposed 10,000 tonnes of material is expected to
occur over a duration of 6 weeks. Raw materials are to be sourced from EML5703
quarry, known as Turner’s Pit in the Wisanger Hills area.
Detail submitted by the applicant illustrates potential noise outfalls (sound pressure
analysis) and that dust suppression will be employed despite relatively low dust
suspension from crushing basalt material.
The proposed development affords existing nearby dwellings on surrounding land,
separation distances of not less than 400 metres. The dwellings in closest proximity
have been established as a managers residence specifically associated with the
nearby abattoir (however has been subsequently divided and freeheld independent
of the industrial development it was once linked to, and in its current format continues
to support its own commercial storage land use.
Other nearby dwellings exist within 450 and 600 metres of the crushing plant, these
have been either historically established, as is the case with Arnold’s dwelling 470
metres north-east and in the case of Davis’ dwelling 600m north-west has likely
observed separation distances from the refuse depot, not necessarily considering the
separation from the zone boundary or contemplating more intensive future uses that
may occur on the land.
Other nearby sensitive development substantially exceeds the recommended 500
metres (+/- slope and terrain factors) prescribed in South Australia EPA’s Guidelines
for Separation Distances 2007.
The separation distances to nearby adjacent and adjoining dwellings are shown in
the following image.
The Application detail, including the Native Vegetation clearance decision notification
and plans are contained in Attachment A.
Aerial Image, Nature Maps www.naturemaps.sa.gov.au, detailed enlargement – Crushing
operation setbacks to adjacent Dwellings. Note purple line defines exclusion area controlled
by LMA in 520/D035/08 (Arnold) in the Rural Living zone north of North Coast Road.
DETERMINATION OF APPLICATION, PUBLIC NOTIFICATION & OTHER
STATUTORY REQUIREMENTS
Jurisdiction / Relevant Authority:
Schedule 10 of the Development Regulations defines the kind and nature of
developments which fall within the jurisdiction of the Development Assessment
Commission, where Council is deemed to be conflicted in assessment of the
proposal.
For the purpose of this assessment, Part 2 (b) of Schedule 10 identifies Council
development that involves:
(ii) the construction of a building for the purposes of, or a change in use to , a form of
industry.
Other than where(iii) the development involves an existing shop, office or industry that is owned, used
and managed by the council and will not result in an increase in the total floor area of
a building that constitutes, or is used for the purposes of, the shop, office or industry;
or
(iv) the development involves a public service depot; or
(v) the interest of the council is limited to the ownership of rights associated with an
easement, road or reserve and the purpose of the easement, road or reserve will not,
in the opinion of the council, be materially affected;
Accordingly, in consideration of (iii) and (iv) particularly, Council is determined to be
the relevant authority for the purposes of assessing this application.
Development Classification:
The Kangaroo Island Development Plan, Consolidated 20 February 2014, Map KI/23
indicates that the proposed development site is contained wholly within the Industry
Zone.
In accordance with Schedule 1 of the Development Regulations, the application is
determined to constitute general industry (as distinct from other forms of service, light
or special industry).
For reference:
general industry means any industry other than a service industry, light
industry or special industry;
light industry means an industry where the process carried on, the
materials and machinery used, the transport of materials, goods or
commodities to and from the land on or in which (wholly or in part) the
industry is conducted and the scale of the industry does not—
(a) detrimentally affect the amenity of the locality or the amenity within the
vicinity of the locality by reason of the establishment or the bulk of any
building or structure, the emission of noise, vibration, smell, fumes, smoke,
vapour, steam, soot, ash, dust, waste water, waste products, grit, oil,
spilled light, or otherwise howsoever; or
(b) directly or indirectly, cause dangerous or congested traffic conditions in
any nearby road;
service industry means a light industry in which—
(a) goods manufactured on the site (but not any other goods) are sold or
offered for sale to the public from the site; or
(b) goods (other than vehicles or vehicle parts) are serviced, repaired or
restored, and the site occupied for such sale, service, repair or restoration
(but not manufacture) does not exceed 200 square metres
special industry means an industry where the processes carried on, the
methods of manufacture adopted or the particular materials or goods used,
produced or stored, are likely—
(a) to cause or create dust, fumes, vapours, smells or gases; or
(b) to discharge foul liquid or blood or other substance or impurities liable
to become foul, and thereby—
(c) to endanger, injure or detrimentally affect the life, health or property of
any person (other than any person employed or engaged in the industry);
or
(d) to produce conditions which are, or may become, offensive or
repugnant to the occupiers or users of land in the locality of or within the
vicinity of the locality of the land on which (whether wholly or partly) the
industry is conducted;
industry means the carrying on, in the course of a trade or business, of
any process (other than a process in the course of farming or mining) for,
or incidental to—
(a) the making of any article, ship or vessel, or of part of any article, ship
or vessel; or
(b) the altering, repairing, ornamenting, finishing, assembling, cleaning,
washing, packing, bottling, canning or adapting for sale, or the breaking up
or demolition, of any article, ship or vessel; or
(c) the getting, dressing or treatment of materials (and industrial will be
construed accordingly);
No forms of industry are listed as either complying or non-complying development
within the Kangaroo Island Development Plan and is therefore determined to be
subject to ‘on merit’ assessment.
Categorisation:
General industry would normally attract a Category 1 type development assessment
process form of development under the categorisation provisions for the Industry
Zone of the Kangaroo Island Development Plan, however the site of the development
is immediately adjacent to land within a different zone, being the Rural Living zone to
the north and Primary Production zone to the south and west.
Schedule 9 Part 1 (6)(g) and Part 2 (19) also identify that construction of a building or
the change of use to general industry in an industry zone would be category 1
development other than where the site of the development is adjacent land to land in
a zone under the relevant Development Plan which is different to the zone that
applies to the site of the development
The proposal is determined to constitute Category 2 Development pursuant to
Schedule 9 Part 2 (19) of the Regulations.
Public Notification:
Category 2 notification to adjoining and adjacent land owners was undertaken
between the dates of 8 August 2014 and 25 August 2014.
Two representations were received from adjoining and adjacent landowners, as a
result of the Category 2 notification.
The representation raises concerns over a number of points including:
 Dirt / dust outfall,
 Noise impact from trucks and machinery,
The representations indicate that their concern could be ameliorated by way of
appropriately assessing and controlling noise and suppressing dust from the
operation.
Applicant Response:
It is apparent that most aspects of the representor’s submissions are able to be
accorded and have been discussed in the response accordingly.
The applicant has detailed sound pressure levels of around 80dB at distances of less
than 15m from the rock crushing equipment, further sound decay occurs beyond that
range and is also influenced by vegetation and topography of the surrounding land.
Noise emissions at a distance of 400 – 600 metres will be considerably low – the
EPA Separation Distances Guidelines 2007 provide that the optimum separation
distances for noise and air quality is 500 metres from rock / ore crushing and milling,
this distance is predicated on air quality to a greater degree than noise.
The 80dB constant sound level expected from the equipment is comparable to sound
experienced within 1 – 2 kilometres of the Kingscote Airport runway during aircraft
take-off / landing.
Other comparable examples of noise levels in this range are: average factory sound
level, freight train (at 15 meters). car wash at 6 metres (89 dB); propeller plane
flyover at 1000 ft (88 dB); diesel truck 40 mph at 15 metres (84 dB); diesel train at 45
mph at 30 metres (83 dB), food blender (88 dB); garbage disposal (80 dB).
A petrol lawnmower will typically produce sound levels in the order of 96 – 98dB,
normal conversation at <2 metres is in the order of 70dB and the sound of city traffic
(inside a vehicle) is around 85dB.
The single six week operation proposed presents only a limited potential for nuisance
or inconvenience, and in conjunction with the noise levels confirmed in the
applicant’s response and dust suppression measures the operation is required to
conform to operating hours under the EPA Noise Environment Protection Policy
(EPP).
The Category 2 representations and the applicant’s response are contained in
Attachment B.
The EPA Separation Distances Guidelines 2007 are included for information in
Attachment C.
REFERRALS AND AGENCY CONSULTATION
Mandatory referral to the South Australia Environment Protection Authority was
undertaken pursuant to the Eighth Schedule of the Development Regulations 2008,
for the proposed development comprising crushing of rock, ores or minerals at a rate
exceeding 1000 tonnes per year as a matter of major environmental significance
pursuant to Schedule 22 Part 7 (3) of the Regulations.
EPA Consultation response (DIRECTION RESPONSE)
EPA raises no objection to the proposal directing two conditions and provided three
advisory notes to be added to an approval.
1.
The rock crushing activities must be undertaken over a period not exceeding
six weeks in duration.
2.
Prior to commencement of the rock crushing activities, the proponent must
provide notification to all potentially affected residents. Details in the
notification must include duration of the proposed rock crushing operation,
time of day and days of the week during which the proposed works will be
undertaken. The notification must also provide details of a contact person to
which enquiries or complaints may be directed.
Note: The applicant is reminded of its general environmental duty, as required by
section 25 of the Environment Protection Act 1993, to take all reasonable and
practicable measures to ensure that the activities on the whole site, including
during the operation of rock crushing activities, do not pollute the environment
in a way which causes or may cause environmental harm. The following
measures will assist in complying with the General Environmental Duty:
o throttling down or shutting down plant equipment when they are not in use
o locating mobile (or semi mobile) plant equipment such that the distance to
all nearby noise sensitive receivers is maximised
o where possible, arrange stockpiles to screen noise sensitive receivers
from noise generating plant equipment.
Note: An environmental authorisation in the form of a licence is required for the
operation of this development. The applicant is required to contact the
Environment Protection Authority before acting on this approval to ascertain
licensing requirements.
Note: A licence may be refused where the applicant has failed to comply with any
conditions of development approval imposed at the direction of the
Environment Protection Authority.
The EPA consultation response is included in Attachment D.
DEVELOPMENT PLAN & POLICY
The proposal is presented to the Panel in accordance with Council Delegations – for
a decision due to objectionable representation being received as a result of public
notification and the kind of development presenting an activity that could be
considered contentious by way of its impact, albeit only for a short approved duration.
The following Objectives and Principles of Development Control (PDC) of the
Kangaroo Island Development Plan – Consolidated 20 February 2014, are
considered relevant to the assessment of this application.
Industry Zone
Objectives: 1 & 2
Desired Character Statement.
Principles of Development Control (PDC’s): 1, 3, 4, 5, 6, 8 & 10
Interface Between Land Uses
Objective: 1 & 2
PDC’s: 1, 2, & 6
Industrial Development
Objectives: 1, 3, 4 & 5
PDC’s: 2, 4, 5, 8 & 9
PLANNING ASSESSMENT
Industry Zone
Industry Zone Objective 1: A zone primarily accommodating a wide range of
industrial, warehouse, storage and transport land uses.
Industry Zone Objective 2: Development that contributes to the desired character of
the zone.
Desired Character Statement:
This is the primary zone to accommodate the Islands industrial activities ranging from
light to general industries.
Parts of the zone abut the Residential Zone boundary. This can give rise to conflict
in terms of noise, dust, visual appearance and the like. To alleviate this, it is
envisaged that industrial development will make extensive use of buffers and
landscaping within car parking areas and allotment boundaries that adjoin residential
land.
Industry Zone PDC 1: The following forms of development are envisaged in the
zone:
▪ depot
▪ industry
▪ store
▪ transport distribution
▪ warehouse
▪ waste management facility.
Industry Zone PDC 3: Development should not be undertaken unless it is consistent
with the desired character for the zone.
The proposed development is very clearly contemplated by the Objectives, Desired
Character Statement and the list of envisaged forms of development for the zone.
Development of any industrial form should be situated primarily in this area subject to
acceptable buffer zones and set back distances from sensitive receptors (dwellings)
being achieved.
Industry Zone PDC 4: In areas where a uniform street setback pattern has not been
established, buildings should be set back in accordance with the following criteria
(subject to adequate provision of car parking spaces and landscaping between
buildings and the road):
(a) buildings up to a height of 6 metres (from natural ground level) should be sited at
least 8 metres from the primary street alignment
(b) buildings exceeding a height of 6 metres (from natural ground level) should be
sited at least 10 metres from the primary street alignment
(c) where an allotment has two street frontages, no building should be erected within
3 metres of the secondary street alignment.
The proposed development does not purport the establishment of any buildings, the
land use is to take place in open air with mobile plant and equipment. The proposed
development is to be limited to its proposed 6 week operation, which is reinforced by
EPA Conditions of consent.
Accordingly, setback distances as considered for permanent development of
buildings would appear to be invalid. Instead, adopting that the temporary activity can
occur on the hardstand area (established to the north-west of the land) formerly used
for bulk handling activities, particularly as the site has established acceptable
separation distances.
Industry Zone PDC 5: To minimise potential noise impacts on the amenity of the
Residential Zone or Rural Living Zone, building facades facing them should:
(a) not contain openings or entrance ways that would result in the transmission of
noise towards the zones
(b) have appropriate buffers or setbacks to mitigate potential noise transmission from
openings or entrance ways.
Industry Zone PDC 6: Any external plant and equipment (including a chimney stack
or air-conditioning plant) should be sited as far as possible from adjoining nonindustrially zoned allotments, and should be designed to minimise its effect on the
amenity of the locality.
Industry Zone PDC 8: Development on allotments adjacent to Emu Bay Road or a
zone boundary should incorporate a 10 metre wide intensively landscaped buffer.
Industry Zone PDC 10: Development should minimise access points onto Emu Bay
Road.
As the proposed development does not incorporate any buildings, the siting and
buffering elements become relevant. Existing vegetation provides substantial
screening of the site, however could not be considered an ‘intensively landscaped
buffer’.
Notwithstanding the appearance of the rock crushing and stockpiling of material does
not unreasonably detract from the character of the zone or locality, the activity itself
will provide some attenuation of views further south to the waste transfer station
beyond the site of the crushing and stockpiling activities.
The duration of the activity further influences the consideration on the necessity of
buffering the subject site, however should the landowner wish to accommodate other
such activities on the site in the future, then further consideration should be given to
long term established screening options.
To maintain orderly movement of traffic, the site should continue to use its existing
access from North Coast Road. A further access or egress point to Ten Trees Road
would contribute to dust generation and also contribute to deterioration of the
unsealed road, and would not be supported without consideration.
The stockpiled material should be maintained in an orderly piling arrangement
parallel with North Coast Road to help minimise noise outfall to the north (across the
semi open rural land into the Rural Living Zone).
Interface Between Land Uses
Interface Between Land Uses Objective 1: Development located and designed to
prevent adverse impact and conflict between land uses.
Interface Between Land Uses Objective 2: Protect community health and amenity
and support the operation of all desired land uses.
Interface Between Land Uses PDC 1: interference through any of the following:
(a) the emission of effluent, odour, smoke, fumes, dust or other airborne pollutants
(b) noise
(c) vibration
(d) electrical interference
(e) light spill
(f) glare
(g) hours of operation
(h) traffic impacts.
Interface Between Land Uses PDC 2: Development should be designed and sited
to minimise negative impact on existing and potential future land uses considered
appropriate in the locality.
Interface Between Land Uses PDC 6: Sensitive uses likely to conflict with the
continuation of lawfully existing developments and land uses considered appropriate
for the zone should not be developed or should be designed to minimise negative
impacts.
Potential exists for off site impacts as indicated in the adjoining landowner’s
representations (primarily dust) and also in the EPA referral response identifying both
dust and noise and assessing those potentials against the Separation Distances
Guidelines.
The applicant’s response provides reasonable address to each of the highlighted
issues, citing that :
 the material can be ‘wet crushed’ with the addition of water spray bars to the
crushing apparatus, and noting the applicants statement that basalt is a
comparably clean material to process, with little dust outfall.
 Noise potential verified in the acoustic data for the crusher and screening
apparatus suggests acceptably low noise levels at any substantial distance
from the plant, whilst low noise levels likely to result, the EPA conditions and
notes directed regarding noise will ensure that nearby residents are notified of
the commencement of the activities and note s recommend throttling down /
shutting down of equipment when not in use.
 The plant should be situated such that it ensures maximum reasonable
separation from the closest dwellings.
 Works will have to occur in accordance with the EPA’s Noise EPP, i.e. 7:00
am to 7:00 pm.
Conscientious consideration of the possible impacts of dust outfall, noise (possibly
vibration) and some traffic impact have been considered against relevant EPA
Guidelines, the resulting separation distances, all capable of achieving 500 metres
setback for air emissions (air quality & odour), and noise separation distances
provided in Appendix 1 of the EPA Guidelines for Separation Distances 2007, are
acceptable and can be closely accorded.
The EPA Guidelines for Separation Distances 2007 referred to herein are accessible
online at www.epa.sa.gov.au, and are contained in Attachment C.
Industrial Development
Industrial Development Objective 1: Industrial, warehouse, storage, commercial
and transport distribution development on appropriately located land, integrated with
transport networks and designed to minimise potential impact on these networks.
Industrial Development Objective 3: Industrially zoned allotments and uses
protected from encroachment by adjoining uses that would reduce industrial
development or expansion.
Industrial Development Objective 4: Industrial development occurring without
adverse effects on the health and amenity of occupiers of land in adjoining zones.
Industrial Development Objective 5: Compatibility between industrial uses within
industrial zones.
Industrial Development PDC 2: Industrial development should be adequately
separated from adjoining land uses where the development is likely to cause
significant adverse impact on adjoining land uses.
The proposed development as presented appears to be consciously sited to be
orderly in respect of transport routes and its selection of an appropriate site for the
activity to take place.
The primary material is to be sourced from Wisanger Hills in an existing quarry under
mining license EML5703. Ideally crushing would occur on the extraction site, as
carting to a secondary processing plant adds unnecessary costs to the production of
useable material. Whilst the applicant is pursuing appropriate permissions for on-site
crushing, the proposal at hand presents an interim solution to producing material.
The site is considered appropriate by virtue of its planning policy zoning.
Development that has occurred (or is occurring) peripheral to the Industry zone is laid
out around the ongoing industrial uses of the zone, and has taken reasonable steps
to include a large 500 metre buffer from the zone boundary, to exclude sensitive
development from its encroachment towards industrial activities.
Two dwellings exist within the 500 m buffer, and these are long standing dwellings
undoubtedly established before the inclusion of the Industrial zone (General Industry
Zone) established in the 18/11/1999 consolidation of the Kingscote DC Development
Plan, in which the dwelling on Sec.354 was also included in the General Industry
zone.
Notwithstanding these historically developed dwellings within near vicinity of the
proposed development, the proposed activity allows for substantial enough
separation distances to fully, or at least closely accord the EPA Guidelines and such
noise levels that would not be unreasonable to encounter in a defined industrial
estate. As such it is considered that the development should not realistically cause
unreasonable impacts over the proposed duration or between the allowable hours of
operation.
Industrial Development PDC 4: Industrial development should enable all vehicles to
enter and exit the site in a forward direction, where practical.
Industrial Development PDC 5: Industrial development abutting an arterial road, a
non-industrial zone boundary, or significant open space should be developed in a
manner that does not create adverse visual impacts on the locality.
Industrial Development PDC 8: Industrial development should occur in a manner
that minimises significant adverse impact on adjoining uses due to hours of operation,
traffic, noise, fumes, smell, dust, paint or other chemical over-spray, vibration, glare
or light spill, electronic interference, ash or other harmful or nuisance-creating
impacts.
Industrial Development PDC 9: Landscaping should be incorporated as an integral
element of industrial development along nonindustrial zone boundaries.
As discussed previously in this report, the arrangement of the subject land’s existing
access point will direct the anticipated heavy vehicle movements onto the sealed
road network in preference to utilising Ten Trees Road, which would propagate
further dust and road wear and tare issues.
The subject land is situated on a local (not arterial or secondary arterial) road which
typically serves the nearby rural lands of the Wisanger district and the coastal
settlement of Emu Bay, which is also important as an attractive local and tourism
destination.
The Industry zone has, since its establishment, provided an unusually characterised
route to such an impressive and well visited location and in this respect, the duration
and nature of the proposal barely warrant works to improve outlooks and general
visual amenity of the locality and the industry contained therein.
As with the discussion on Industry Zone PDC’s 5 – 10 above, in the scenario that
Council may want to occupy the portion of the land subject to this development, or
indeed seek any further change to activities on the waste facility, it should consider,
or be required to introduce more substantial landscape buffer zones, consistent with
the relevant provisions for the zone and for industrial development.
CONCLUSION
The proposal to undertake rock crushing activities and contain stockpiles of crushed
basalt aggregate for a limited duration at the subject land is considered, on balance
to accord the relevant provisions of the Kangaroo Island Development Plan to an
acceptable degree.
Whilst the proposal does not present as a perfectly planned out proposal as one
would certainly expect for a permanent development of the land, it is considered that
the finality of the activity after a duration of 6 weeks and return of the site to its
‘normal status’, are mitigating factors to the concern over amenity.
The proposed development has been tested in public notification for the benefit
specifically of adjoining and adjacent land owners, the nearest such residential
occupiers have not represented during this process. Those adjoining land owners
who have made representation have been regarded and those matters addressed to
the satisfaction of Council.
The proposal is considered to demonstrate suitable merit against the relevant
provisions of the Kangaroo Island Development Plan, subject to the conditions
imposed by the Environment Protection Authority and requirements of Council such
that the proposal warrants the Panel’s support.
RECOMMENDATION
The Development Assessment Panel (i) resolve that the Development Application is
not seriously at variance with the Kangaroo Island Development Plan consolidated
20 February 2014, and (ii) the panel resolve to approve Development Application
520/091/14 by A & G Willson Earthmovers Pty. Ltd. for the six (6) week operation of
a rock crushing plant and the stockpiling of material to a volume of 10,000 tonnes at
Piece 5* (in allotment comprising pieces 4* and 5*) FP103561, Hundred of Menzies,
subject to (but not limited to) the following conditions of consent.
Kangaroo Island Council Conditions and Notes:
1.
The Development herein approved must, except as varied by the conditions
of consent be carried out in accordance with the approved plans and details
to the satisfaction of Council.
2.
Reinstatement of the site shall occur as early as practicable after exhaustion
of material stockpile, but not later than 6 months after the completion of the
rock crushing activity.
3.
Rock crushing equipment (excluding loaders required for further removal of
the materials) shall be removed from the site within 4 weeks of the completion
of the crushing activity.
4.
All operations shall be carried out in accordance with the Environment
Protection Authority Noise Environment Protection Policy (EPP) 2007.
5.
Internal Roads shall be maintained in a safe and convenient state of repair to
ensure safety of all road users.
6.
The site must be maintained in a neat and tidy manner at all times.
Note: The applicant is shall notify Council’s Development Services Department of
commencement of operation of the rock crushing activity.
Note: The applicant shall notify Council’s Development Services Department of
cessation of the rock crushing activity.
Note You have a right of appeal against the conditions which have been imposed
on this Development Plan consent or Development Approval.
Such an appeal must be lodged at the Environment, Resources and
Development Court within two months of the day on which you receive this
notice or such longer time as the Court may allow.
Please contact the Court if you wish to appeal. The Court is located in the Sir
Samuel Way Building, Victoria Square, Adelaide, Ph.: 8204 0300.
Environment Protection Authority Conditions and Notes:
1.
The rock crushing activities must be undertaken over a period not exceeding
six weeks in duration.
2.
Prior to commencement of the rock crushing activities, the proponent must
provide notification to all potentially affected residents. Details in the
notification must include duration of the proposed rock crushing operation,
time of day and days of the week during which the proposed works will be
undertaken. The notification must also provide details of a contact person to
which enquiries or complaints may be directed.
Note: The applicant is reminded of its general environmental duty, as required by
section 25 of the Environment Protection Act 1993, to take all reasonable and
practicable measures to ensure that the activities on the whole site, including
during the operation of rock crushing activities, do not pollute the environment
in a way which causes or may cause environmental harm. The following
measures will assist in complying with the General Environmental Duty:
o throttling down or shutting down plant equipment when they are not in use
o locating mobile (or semi mobile) plant equipment such that the distance to
all nearby noise sensitive receivers is maximised
o where possible, arrange stockpiles to screen noise sensitive receivers
from noise generating plant equipment.
Note: An environmental authorisation in the form of a licence is required for the
operation of this development. The applicant is required to contact the
Environment Protection Authority before acting on this approval to ascertain
licensing requirements.
Note: A licence may be refused where the applicant has failed to comply with any
conditions of development approval imposed at the direction of the
Environment Protection Authority.
9.0
LAND DIVISION APPLICATIONS – APPROVED UNDER DELEGATED
AUTHORITY (GREEN PAGES)
10.0
GENERAL BUSINESS
Nil
11.1
CONFIDENTIAL REPORTS
NOTE – Pursuant to Section 56A (12) of the Development Act 1993 the Panel
reserve the right to move proceedings ‘in camera’ for deliberations of
Development Applications to be considered under Section 11.0 of this Agenda.
Nil
11.0
CLOSURE