ITEM 3
DEVELOPMENT APPLICATION – 090/444/2016/DIV – 162 CROSS ROAD,
MALVERN 5061 (UNLEY PARK)
DEVELOPMENT APPLICATION
NUMBER:
090/444/2016/DIV
ADDRESS:
162 Cross Road, Malvern 5061
DATE OF MEETING:
21 March 2017
AUTHOR:
Chelsea Spangler
DEVELOPMENT PROPOSAL:
Land Division - Community Title - Create 5
allotments from 1 existing
HERITAGE VALUE:
Nil
DEVELOPMENT PLAN:
5 May 2016
ZONE:
Residential B300
APPLICANT:
N Rewal and A Patel
APPLICATION TYPE:
Merit
PUBLIC NOTIFICATION:
Category 2
REPRESENTATIONS
RECEIVED:
NONE
DAP'S CONSIDERATION IS
REQUIRED DUE TO:
Manager’s Discretion
RECOMMENDATION:
Approval
KEY PLANNING ISSUES:
Non-compliance with depth requirements
1. PLANNING BACKGROUND
090/287/2016/BA - Development Approval to demolish the existing dwelling and other
structures on site was granted 13 May 2016.
Planning Application 090/192/2016/C2 was lodged with Council 24 March 2016
seeking approval for the construction of five (5) two storey dwellings with associated
garages, verandahs and a 2m high masonry fence along the front boundary.
This application is on the agenda to be considered after the subject land division
application.
2. DESCRIPTION OF PROPOSAL
The applicant seeks to divide one (1) allotment into five (5) community title allotments,
and common property to be utilised for access, driveway, landscaping and three (3) on
site visitor spaces. To ensure that the crossover and driveway are in parallel, a street
tree located near the western side common boundary is also required to be removed.
This is page 19 of the Development Assessment Panel Agenda for 21 March 2017
Item 3
Development Application – 090/444/2016/DIV – 162 Cross Road, Malvern 5061
(Unley Park) - Continued
The average size of each allotment is 311.96m2.
3. SITE DESCRIPTION
The subject site is located on the northern side of Cross Road between Cambridge
Terrace to the west and Duthy Street to the east. The allotment is rectangular in shape
with an area of 1560m2. The allotment has a frontage of 30.46 metres to Cross Road.
The site currently contains a single storey detached dwelling and other associated
domestic structures. The site is currently accessed via one crossover near the western
boundary of the site.
There are no regulated trees or easements affecting the subject site.
4. LOCALITY PLAN
Subject Site
Locality
1
Representations
5. LOCALITY DESCRIPTION
Land Use
The predominant land use within the locality is residential.
This is page 20 of the Development Assessment Panel Agenda for 21 March 2017
Item 3
Development Application – 090/444/2016/DIV – 162 Cross Road, Malvern 5061
(Unley Park) - Continued
Land Division/Settlement Pattern
There are a variety of allotment sizes within the locality. It is evident that a transition is
occurring from traditionally larger allotments to smaller infill allotments that reflect the
desired character of the RB300 Zone. Cross Road in particular has a number of sites
that have been divided into community title, two storey developments. For instance,
four (4), two storey dwellings within a community title development were granted
Planning Consent at Council’s last Development Assessment Panel meeting. These
dwellings are to be constructed at 166 Cross Road, a mere three allotments west of
the subject site.
6. STATUTORY REFERRALS
As per Schedule 8 of the Development Regulations 2008, the application required
referral to the Department of Planning, Transport and Infrastructure (DPTI) as the
development involved a division of land where the land abuts a controlled access road.
DPTI advised that it is their policy to minimise the number of access points on the
arterial road network in the interests of road safety. As such it is strongly
recommended that all access to / from the proposed allotments is gained via the
common property access only. No additional access onto Cross Road will be
supported by DPTI.
DPTI is satisfied that the width of the common property access will cater for any
simultaneous two-way vehicular movements and thereby minimise disruption to traffic
on Cross Road. DPTI does highlight that it appears that it will be necessary to remove
an existing street tree in order to achieve a crossover that will be aligned with the
driveway and to provide a crossover that can achieve two-way vehicle movements.
The applicant has confirmed that they are aware of the need to remove a street tree in
order to satisfy the conditions directed by DPTI.
DPTI also advises that the Integrated Transport and Land Use Plan identifies that the
Cross Road/ Duthy Street/ Harrow Terrace intersection is to be upgraded within
medium (6- 15+ years) timing. Although further planning will be required to determine
the exact widening requirements, it is presently envisaged that a strip of land up to 4.5
metres in width may be required from the Cross Road frontage of this site for future
upgrading of the said intersection. With this in mind, DPTI supports the additional 4.5
metres added to the length of the shared access area, to ensure that a 6.0 metre onsite storage area can still be catered for at the common property access should the full
extent of the road requirement be acquired in the future.
Given the above, DPTI has directed that a number of conditions be attached to any
approval given. Council has reviewed the conditions, and has included these
conditions within the list of Planning Consent conditions recommended at the end of
this report.
7. NON-STATUTORY (INTERNAL) REFERRALS
The application was referred to Council’s Arborist due to the removal of a street tree
(located near the western side common boundary). Council’s arborist confirmed that
he has no issue with the removal and has provided a costing for the removal and
This is page 21 of the Development Assessment Panel Agenda for 21 March 2017
Item 3
Development Application – 090/444/2016/DIV – 162 Cross Road, Malvern 5061
(Unley Park) - Continued
replacement of this tree (based on valuation methods outlined in Council’s Vegetation
Management Policy).
The applicant has accepted the costs associated with the street tree removal.
8. PUBLIC NOTIFICATION
Category 2 notification was undertaken in accordance with Table Un/8 of the Unley
Development Plan. No representations were received during the ten (10) business day
notification period.
9. ADMINISTRATION NEGOTIATIONS
Council has assessed the land division application concurrently with the proposed built
form application. Amendments to the built form application, specifically concerning
vehicle turning movements and access, has resulted in an amended land division plan
being provided. The land division plan attached (Attachment A) is consistent with the
proposed Built Form application (090/192/2016/C2).
10. DEVELOPMENT DATA
Site Characteristics
Total Site Area
Frontage
Depth
Averaged Allotment
Sizes
311.96m2
30.46m
L1&L2
20m
L3
L4
L5
18.9
m
18.89
m
18.87
m
Development Plan
Provision
300m2
22m – four (4) dwellings
20m
(items in BOLD do not satisfy the relevant Design Technique)
11. ZONE & POLICY ASSESSMENT
Zone Desired Character and Principles of Development Control
Residential B300 Zone
Objective 1:
Provision for a range of dwellings up to two storeys compatible in form, scale and
design with existing positive elements of the character of the area.
Desired Character
This Zone is intended to continue as an established and attractive housing area
offering a variety of dwelling types of not more than two storeys on a range of
allotment sizes over much of the Unley area.
Housing Types
A wide variety of housing types is evident in the Residential RB300 Zone.
Development should reflect the type and appearance of housing in its immediate
environs having regard to wall heights, roof forms, use of and style of verandahs,
external materials, proportions and areas of windows and front and side boundary
setbacks. It is intended to continue as an established residential area containing a
variety of sound, existing dwellings on individual allotments with limited and
This is page 22 of the Development Assessment Panel Agenda for 21 March 2017
Item 3
Development Application – 090/444/2016/DIV – 162 Cross Road, Malvern 5061
(Unley Park) - Continued
appropriate infill, mainly in the form of semi-detached dwellings and other forms of
infill housing on larger sites or sites containing uses incompatible with living areas or
unsound dwellings. Areas adjoining tram and train stations and Cross Road may be
most suitable for development.
Streetscape
The balance between trees and planting and built form as dominant elements in the
Zone varies from locality to locality. Development should respond to both elements
ensuring a high standard of compatible built form as well as tree planting and
landscaping which maintains and improves the appearance of the locality.
Assessment
The applicant seeks to subdivide an existing residential allotment into four smaller
community title allotments. It is considered that the proposed development satisfies
the desired character of the RB300 Zone as:






The proposed allotments exceed the required minimum average allotment
size;
The proposed allotments will increase the variety of allotment sizes within the
locality;
The subdivision of a larger allotment that adjoins Cross Road allows for
appropriate infill opportunities as desired by the RB300 Zone;
The proposed allotments will obtain access from Cross Road through a
common access arrangement, as encouraged by DPTI;
Two of the proposed allotments satisfy the minimum depth requirement of 20
metres;
The other three allotments that are located to the rear of the subject site, fall
short of the minimum depth requirement, however the associated land use
application to be determined by the Development Assessment Panel following
this land division application, demonstrates that an appropriate built form, that
satisfies the provisions of RB300 Zone, can be accommodated for each of the
proposed allotments.
Relevant Zone Principles of
Development Control
PDC 2 - Dwellings should have a site
area of not less than 300 square
metres (averaged for three or
more
dwellings
sharing
a
common access). In the case of
hammerhead
allotments
or
allotments incorporating a right of
way or shared access for one or
two dwellings, the area of the
"handle" or right of way is
excluded from individual dwelling
site areas.
Assessment
The land division application proposes
five (5) community title allotments and
therefore on average, each allotment
exceeds 300m2 in site area. It is therefore
advised that the proposed allotments
satisfy PDC 2 of the RB300 Zone.
This is page 23 of the Development Assessment Panel Agenda for 21 March 2017
Item 3
Development Application – 090/444/2016/DIV – 162 Cross Road, Malvern 5061
(Unley Park) - Continued
Relevant Council Wide Objectives and Principles of Development Control
An assessment against the relevant Council Wide Provisions is provided below.
Relevant Council Wide
Provisions
PC 31 – Neighbourhoods
Assessment

The proposed land division will create allotments
that will complement the emerging pattern of
settlement within the RB300 Zone and more
specifically along Cross Road;
 The land division will incorporate a shared
access, manoeuvring area and three visitor
parking spaces of which will be defined as
common property;
 Vehicle access is available from a public road
that has sufficient width to provide safe and
functional access.
PC 32 & 33 – Residential The proposed allotments are rectangular in shape and
Allotments
meet the minimum average site area requirements and
DT 32.1 & 33.1
frontage.
It is noted that the three rear allotments fall short of the
20m depth requirement. It is considered however:
 The depth of the three allotments is consistent
with the emerging pattern of settlement within
the area (particularly along Cross Road);
 That the proposed allotments are able to contain
a sufficiently sized dwelling with associated
covered car accommodation and private open
space;
 That safe and functional vehicle access and
parking is able to be achieved.
 The
associated
land
use
application
demonstrates that a dwelling can be sited and
constructed on the proposed allotments that will
reinforce the desired character of the RB300
Zone.
The proposed residential allotments are considered to
satisfy PC 32 and 33.
12. CONCLUSION
In summary, the application is not considered to be seriously at variance with the
Development Plan and is considered to satisfy the provisions of the Development Plan
for the following reasons:
 The proposed allotments satisfy the minimum allotment size requirements of the
RB300 Zone;
This is page 24 of the Development Assessment Panel Agenda for 21 March 2017
Item 3
Development Application – 090/444/2016/DIV – 162 Cross Road, Malvern 5061
(Unley Park) - Continued
 The proposed land division is consistent with the emerging pattern of settlement
within the locality;
 The size and shape of the proposed residential allotments have sufficient
regard to Performance Criteria 31, 32 and 33 as they are functional and enable
safe access and manoeuvring of vehicles on site;
 The associated land use application demonstrates that the proposed allotments
are capable of allowing residential development that reinforces the desired
character of the RB300 Zone.
The application is therefore recommended for Development Plan CONSENT.
13. RECOMMENDATION
MOVED:
SECONDED:
That Development Application at 162 Cross Road, Malvern 5061 for ‘Land Division Community Title - Create 5 allotments from 1 existing’, is not seriously at variance with
the provisions of the City of Unley Development Plan and should be GRANTED
Planning Consent subject to the following conditions:
PLANNING CONSENT DETAILS OF DECISION:
1.
The Development herein approved shall be undertaken in accordance with all
plans, drawings, specifications and other documents submitted to Council and
forming part of the relevant Development Application except where varied by
conditions set out below (if any) and the development shall be undertaken to
the satisfaction of Council.
2.
All access shall be gained via the common property access only. No additional
access onto Cross Road shall be permitted.
3.
The driveway shall be a minimum of 6.0 metres wide at both the boundary line
and the kerbline to enable simultaneous two-way vehicle movements. The
crossover and driveway shall be parallel to each other.
4.
The 6.0 x 6.0 metre shared access area and all shared manoeuvring areas
shall be clear of impediments (including fencing, meters, letterboxes, vegetation
& parked cars) shall be maintained at all times adjacent any Cross Road
boundary to this site.
5.
Pedestrian sight lines at the access point shall be in accordance with
AS/NZS2890.1:2004 figure 3.3.
6.
All vehicles shall enter and exit Cross Road in a forward direction.
7.
Stormwater run-off shall be collected on-site and discharged without
jeopardising the safety and integrity of Cross Road. Any alterations to the road
drainage infrastructure required to facilitate this shall be at the applicant’s
expense.
This is page 25 of the Development Assessment Panel Agenda for 21 March 2017
Item 3
Development Application – 090/444/2016/DIV – 162 Cross Road, Malvern 5061
(Unley Park) - Continued
LAND DIVISION CONSENT CONDITIONS:
8.
That the existing building on site be demolished prior to the issue of the Section
51 Certificate by the Development Assessment Commission. (All demolition is
subject to separate Development Approval.)
NOTE:
Pursuant to Section 51 of the Development Act 1993, all
outstanding requirements and conditions in relation to this approval must be
met to the reasonable satisfaction of Council before the required Certificate is
issued by the Development Assessment Commission.
DEVELOPMENT ASSESSMENT COMMISSION CONDITIONS are as follows:

The financial requirements of SA Water Corporation shall be met for the
provision of water supply and sewerage services (SA Water H0046613).

Payment of $25952 into the Planning and Development Fund (4 Allotments @
$6488/allotment). Payment may be made by credit card via the internet at
www.edala.sa.gov.au or by phone (7109 7018), by cheque payable to the
Development Assessment Commission marked “Not Negotiable” and sent to
GPO Box 1815, Adelaide 5001 or in person, at Ground Floor, 101 Grenfell
Street, Adelaide.

A final plan complying with the requirements for plans as set out in the Manual
of Survey Practice Volume 1 (Plan Presentation and Guidelines) issued by the
Registrar General to be lodged with the Development Assessment
Commission for Land Division Certification purposes.
NOTES PERTAINING TO PLANNING CONSENT:

That any damage to the road reserve, including road, footpaths, public
infrastructure, kerb and guttering, street trees and the like shall be repaired by
Council at full cost to the applicant.

That any necessary alterations to existing public infrastructure (stobie poles,
lighting, traffic signs and the like) shall be carried out in accordance with any
requirements and to the satisfaction of the relevant service providers.

The applicant shall contact Council’s Infrastructure Section on 8372 5460 to
arrange for the removal of the street tree. The work shall be carried out by
Council at full cost to the applicant.
List of Attachments
A
Application Documents
B
Department of Planning, Transport and
Infrastructure (DPTI) Referral Comments
Supplied By:
Applicant
DPTI
This is page 26 of the Development Assessment Panel Agenda for 21 March 2017