RRDAP Agenda November 10 2011 - Berri Barmera Council - SA ...

Riverland Regional Development 

Assessment Panel Meeting 

AGENDA 

10 November 2011 

at 

1-30 PM

BERRI BARMERA COUNCIL 

DISTRICT COUNCIL OF LOXTON WAIKERIE 

RENMARK PARINGA COUNCIL 

Notice is hereby given pursuant to Section 34 of the Development Act 1993 and in 

accordance with the Riverland Regional Development Assessment Panel terms of 

reference, the next meeting of the Riverland Regional Development Assessment 

Panel will be held in the Loxton Waikerie Council Chambers, 29 East Terrace, 

Loxton on Thursday 10 November 2011, commencing at 1-30 pm. 

PETER ACKLAND 

CHIEF EXECUTIVE OFFICER 

DISTRICT COUNCIL OF LOXTON WAIKERIE 

3 November 2011

THE BERRI BARMERA COUNCIL, DISTRICT COUNCIL OF LOXTON WAIKERIE, RENMARK PARINGA COUNCIL 

AGENDA FOR A MEETING OF THE RIVERLAND REGIONAL DEVELOPMENT ASSESSMENT PANEL 

TO BE HELD THURSDAY 10 NOVEMBER 2011 AT 1-30 PM AT THE COUNCIL CHAMBERS, EAST TERRACE, 

LOXTON. 

Members: 

Independent Presiding Member - Mr BG Ballantyne 

Independent Members - Messrs DL Kanizay, G Parsons, KJ Stokes 

Elected Members – Mayor LE Stasinowsky, Crs RL Centofanti, M Chown. 

Staff 

Berri Barmera Council - Mrs CG Pedler (Development Officer - Planning) 

Loxton Waikerie Council - Mr GS MacInnes (Planning Officer) 

Renmark Paringa Council - Mr J White (Town Planner) 

ITEM 1 

WELCOME: 

ITEM 2 

PRESENT: 

ITEM 3 

APOLOGIES: 

ITEM 4 

CONFIRMATION OF MINUTES OF MEETING: 

The minutes of the meeting held 14 July 2011 are attached at appendix for members information 

and adoption. 

RECOMMENDATION: 

That the Minutes of the Meeting held on 14 July 2011 be taken as read and confirmed.

ITEM 5 

ITEM 6 

ITEM 7 

ITEM 8 

BUSINESS ARISING FROM THE MINUTES: 

DECLARATION OF INTEREST BY MEMBERS OF PANEL: 

HEARING OF REPRESENTATIONS: 

Item 8.3 - Development Application 753/117/11 

Mr Stoeckel has requested an opportunity to address the Panel in respect of Item 8.3. 

REPORTS:

Item 8.1 

Development Application 551/177/11 - N & L Ellis 

Application No: 551/177/11 

Council: 

District Council of Loxton Waikerie 

Relevant Authority: 


Applicant: 

Neville & Lee-Anne Ellis 

Owner: 

Neville & Lee-Anne Ellis 

Description of development: Storage facility 

Property details: 

Section 179 Hundred of Holder, CT 5918/550, 68 Searle Road, 

Waikerie 

Zone / Policy Area: 

Horticulture 

Development plan provisions: Council wide objective 59, Horticulture PDC 8 & 14 

Referrals / Agency consultations: None 

Public notification category Cat 3 - Non Complying 

Attachment follows report: yes 

Recommendation: 

Approve with conditions - concurrence required. 

Officer: 

Graham MacInnes 

Reference: 7555220519 

PROPOSED DEVELOPMENT: 

An application has been received from Neville & Lee-Anne Ellis to construct a second commercial storage 

shed on their property on Searle Road Waikerie. In 2009 (551/144/09) the applicants received approval from 

Council and concurrence from DAC to build a 21.6 x 9.3 m 6 bay storage shed on this land. 

Due to the demand for storage space a second storage shed identical to the first is being proposed. 

The allotment is 1.1 hectare in area and has ample room for this extension. 

The use of the building as a storage shed is targeted at the tourist industry, as a number of permanent and 

regular caravan park residents, including weekend visitors, especially those from outside the region with 

boats and other watercraft, from Adelaide have no-where to store or leave their equipment when not being 

used. 

SITE HISTORY: 

The allotment is in the horticulture zone and consists of a dwelling and associated outbuildings including the 

existing storage facility. The first storage shed was constructed in early 2010 and has been fully utilised since 

then. The layout of the land is such that the existing perimeter tree plantings screen the storage shed area 

from the public and neighbouring properties. The location of the proposed second storage shed is such that it 

will utilise the existing hard stand area and lighting used for the existing shed. Although the area is at present 

zoned Horticulture it is proposed to be zoned Rural Living in the present DPA that has been submitted to the 

Minister. 

The Berri Barmera Council, District Council of Loxton Waikerie, Renmark Paringa Council 

Agenda for a meeting of the Riverland Regional Development Assessment Panel, to be held 10 November 2011 

Page 1

REFERRALS / AGENCY CONSULTATION: 

The land is not in the River Murray referral area and no agency referrals were required 

Public Consultation 

The Application was advertised in the River News as a Category 3 Non- Complying Application and adjoining 

owners notified. There were no submissions as the result of this advertising. 

DEVELOPMENT PLAN PROVISIONS: 

It could be argued that the building of the second storage shed is an extension of an existing use and could 

therefore be treated as a merit application. Because the proposed shed is a separate building , which doubles 

the storage capacity of the land, and the main use of the land is as a residence then it was considered that it 

could not be treated as an extension of an existing use. 

The application therefore becomes Non- Complying and the concurrence of the Development Assessment 

Commission will be required. 

The following Council wide Planning Objectives and Principles of Development Control are relevant to this 

application. 

Council wide Objective 59: Development of tourist facilities and accommodation serving visitors and 

benefitting the local community in particular, which 

(a) adds value to local produce and to farm gate incomes; 

(b) adds vitality to townships or service settlements 

(c) generates investment which revitalises and sustains places, features or services benefitting 

the community at large; 

(d) generates employment and other spin-offs 

By giving tourists facilities to store boats and recreation equipment it encourages them to return to the 

area and the local economy benefits 

Horticulture Zone PDC 8: The transport and processing of local produce, small-scale tourist accommodation 

and hospitality services may be appropriate within the dryland parts of the zone where: 

(a) no detriment or nuisance is likely to arise; 

(b) such development will not limit or prejudice primary production; 

(c) there is no disfigurement of the land's appearance or detriment to its open or natural 

character; 

(d) the scale and nature of the use complements the dwelling where undertaken in conjunction 

with the dwelling, or is otherwise secondary to the principal use to which the land is put. 

The land is not used for horticulture, does not have a detrimental effect or nuisance on neighbouring 

properties and is ancillary to the dwelling on the property. 

Tourist accommodation (PDC 14 Horticulture Zone) is encouraged in the zone and in a way this storage shed 

could be considered tourist accommodation as it will accommodate regular boating enthusiasts by giving them 

a garage for their boats rather than having them tow them back home to Adelaide or elsewhere. 



Page 2

SUMMARY 

The use of the shed for storage purposes if approved will require the concurrence of the Development 

Assessment Commission. Council, in 2009 (Ellis 551/144/09), have previously approved and received 

concurrence from the Development Assessment Commission for the existing storage shed. 

The applicant is targeting the boating/ski-ing tourist and will be providing a secure site for these people to 

leave their boats etc in a location very close and accessible to the River. Although the main target is tourists, 

the storage shed is not exclusive to boating people and could be used for any commercial or private storage. 

The proposed shed will not alter the existing conditions at the site with, no washing of boats, keeping of 

excess fuel or mechanical repairs allowed on site. No further lights 

The proposed and existing shed has an existing buffer of trees around the perimeter of the site. 

The proposal is not considered to be seriously at variance with the Development Plan particularly having 

regard to the long-term existing use and development of the site. 

Having considered all the relevant provisions of the Development Plan and being of the view that this 

application is not at variance with the Development Plan I recommend that approval be issued with the 

attached conditions and Concurrence sought from the Development Assessment Commission. 


1. The Riverland Regional Development Assessment Panel determines that development application 

551/177/11 is not seriously at variance with the DC of Loxton Waikerie Development Plan 

2. The Riverland Regional Development Assessment Panel determines to grant development plan 

consent to Development Application 551/177/11 subject to the following conditions, and seeks the 

concurrence of the Development Assessment Commission accordingly: 

3.1. Development is to take place in accordance with the supporting documentation and plans 

relating to Development Application Number 551/177/11, except as modified by any 

conditions attached to this Decision Notification. 

3.2. The existing landscaping and trees that are screening the proposed site be maintained to 

the satisfaction of Council. 

3.3. No mechanical repairs to machinery garaged in the storage facility is to be undertaken on 

the land or building. 

3.4. No excess fuel is to be kept in the storage shed. 

3.5. Access to the storage shed is to be constructed and maintained to the satisfaction of 

Council. 

3.6. The use permitted by this permit must not, in the opinion of Council, adversely affect the 

amenity of the area by reason of the transportation of goods and materials to and from the 

subject land, the emission of noise, smell, fumes, waste products of fuel and oil, or the 

presence of vermin or other. 

3.7. During construction, all residue and wastes generated by concrete works must be 

prevented from entering the stormwater system or drain. 

3.8. During construction the property must be appropriately managed as to prevent erosion 

and pollution of the subject site and the environment, including keeping the area in a tidy 

state and ensuring any waste materials are appropriately contained. 

3.9. Any fill material brought to the site must be clean and not contaminated by construction 

or demolition debris, industrial or chemical matter, or pest plant or pathogenic material. 



Page 3

3.10. Stormwater run-off from the storage shed must be managed to prevent erosion or 

pollution of the site and the environment, and diverted away from wastewater disposal 

areas, such as septic tanks and aerobic systems. Connection to a water storage tank 

would assist in complying with this condition. 

Notes 

1. For guidance on rainwater tank use please visit the SA Murray-darling Basin Natural resources 

Management Board's website, which includes Rainwater Tank Size Selection tables for several 

areas within the region: http://www.samdbnrm.sa.gov.au/BoardProjects/RainwaterTankuse.aspx 

2. The applicant is advised to refer to the EPA Guideline 080/07 for Bunding and Spill 

Management(June 2007) with regard to the storage of chemicals or chemical products ( eg. 

Fertilisers, pesticides, fuels, etc) within the shed. The EPA Guideline may be assessed at: 

http//www.epa.sa.gov.au 

3. The applicant is advised that should it intend to store chemicals or chemical products in bulk or in 

containers having a capacity exceeding 200 litres, the activity may require environmental 

authorisation under the Environmental Protection Act 1993. The applicant may contact the 

environment Protection Authority to ascertain relevant requirements (telephone 82042000 or email: 

epainfo@epa.sa.gov.au) 

4. The applicant is strongly encouraged to incorporate locally indigenous plant species into any 

landscaping, screen planting or revegetation activities at the site to enhance the natural character 

of the locality, stabilise soils and provide habitat for native species. For information on appropriate 

species to be planted, please contact State Flora at Bremer Road, Murray Bridge on telephone 

8539 2105, or within Belair National Park on telephone 8278 7777 or visit: 

http://www.stateflora.com.au. 



Page 4

Item 8.2 

Development Application - 551/D001/10 - Andrew Davidson on behalf of T & J 

Kranz and A Noll 

Application No: 

551/D001/10 


DC of Loxton Waikerie 


Development Assessment Commission 

Applicant: 

Andrew Davidson for owners 

Owner: 

Trevor & Judith Kranz; Anthony Noll 

Description of development: Land Division - one into four ( originally five) 


Lots 99 & 100 in DP 74579, Sec 47, Hundred of Murbko, Murbko 

Road, Murbko 


Flood, Fringe & DryLand Farming 

Development plan provisions: Zone Principle - 2 

Referrals / Agency consultations: SA Water - attached 

Native Vegetation Council - attached 

EPA - attached 

DWLBC - attached 

Dept for Aboriginal Affairs & Reconciliation - attached 

DAC - attached 

Public notification category Non Complying 



Concur with the Development assessment Commission decision to 

issue approval 

Officer: 



The Development Assessment Commission seeks the Riverland Regional Development Assessment Panel's 

concurrence for the above application. The RRDAP at its meeting on 6 September 2010 indicated to the 

Commission that it had no objection to this application subject to a number of conditions and concurrence 

being required from the Panel. 


An application has been received from Mr Trevor Kranz to subdivide land at Murbko. The land is in a mixture 

of Dryland Farming, Fringe and Flood Zones and the Development Assessment Commission are the Relevant 

Authority. 

The original proposal was for the division of the subject site into five allotments. The Panel at its meeting in 

September 2010 made the following resolution: 

The Riverland Regional Development Assessment Panel inform the Development Assessment Commission 

that if they should approve this application that Council's Concurrence will be required and that the following 

conditions be included as a condition of approval: 

1. No services are to traverse the boundaries of the proposed allotments unless adequate 

provisions are provided for via appropriate easements. 



Page 5

2. The waste control system for the dwelling must be contained wholly within the proposed 

allotment and conform with the minimum setback requirements as detailed in the South 

Australian Health Commissions Standard for the Construction, Installation and Operation of 

Septic Tank Systems in South Australia. 

3. All existing buildings on or near proposed boundary lines are to be removed or made to 

comply with the building set backs as required by the Building Code of Australia. 

4. The dwellings are to have a minimum setback of 20 metres from all new boundaries 

created. 

Note: 

Access points to each allotment are to be constructed to Councils standards and to the 

satisfaction of Council 

Aerial photography of Lot 100 ( Fringe & Flood) 



Page 6

Location Map Lots 99 & 100 Hd of Murbko 

Blanchetown 



Page 7

Proposed Land Division 



Page 8

AMENDED PROPOSAL: 

Prior to the Commission making a decision an amended plan was submitted combining proposed lots 3 & 4 

into one allotment, thus reducing the number of proposed lots from 5 to 4. As none of the referral agencies had 

directed/requested conditions relating to the number of allotments or boundaries the application was not rereferred 

by Development Assessment Commission. 

The Development Assessment Commission has now resolved that the development should be granted 

Development Plan consent subject to the attached conditions and seeks the concurrence of Council. 


It is recommended that The Riverland Regional Development Assessment Panel inform the 

Development Assessment Commission that it concurs with the decision to approve the application, 

subject to the conditions on the attached report as follows: 

Planning Conditions 

1. That except where minor amendments may be required by other relevant Acts, or by 

conditions imposed by this application, the development shall be established in strict 

accordance with the details and plans submitted in development application number 


2. During any works or construction activities associated with the land division, the property 

must be managed to prevent erosion and pollution of the subject site and the environment, 

including keeping the area in a tidy state and ensuring any waste materials are placed into 

bins, to ensure no pollutants including excavation or fill material) enter the River Murray 

system. 

Land Division Requirements 

1. That two copies of a certified survey plan shall be lodged for Certificate purposes. 

2. No services are to traverse the boundaries of the proposed allotments unless adequate 

provisions are provided for via appropriate easements. 

3. The waste control system for the dwelling must be contained wholly within the proposed 

allotment and conform with the minimum setback requirements as detailed in the South 

Australian Health Commissions Standard for the Construction, Installation and Operation of 

Septic Tank Systems in South Australia. 

4. All existing buildings on or near proposed boundary lines are to be removed or made to 

comply with the building set backs as required by the Building Code of Australia. 

5. The dwellings are to have a minimum setback of 20metres from all new boundaries created. 

Advisory Notes 

a. The development must be substantially commenced or application for certificate made within 

12 months of the date of this Notification, unless this period has been extended by the 

Development Assessment Commission. 

b. The applicant is also advised that the final land division certificate must be obtained from the 

Development Assessment Commission to complete the development within 3 years of the date 

of the Notification unless this period is extended by the Commission. 

c. The applicant will require a fresh consent before commencing or continuing the development if 

unable to satisfy these requirements. 

d. Access points to each allotment are to be constructed to Councils standards and to the 

satisfaction of Council. 



Page 9

e. The applicant is advised of their general duty of care to take all reasonable measures to 

prevent any harm to the River Murray through his or her actions or activities. 

f. For guidance on pollution prevention from construction sites the applicant should refer to the 

EPA’s Handbook for Pollution Avoidance on Commercial and Residential Building Sites and 

Stormwater Pollution Prevention Code of Practice for the Building and Construction Industry, 

which can be accessed at http://www.epa.sa.gov.au. 

g. Best Practice Water Sensitive Urban Design (WSUD) guidance can be achieved by compliance 

with “Australian Runoff Quality: A guide to Water Sensitive Urban Design” (Engineers 

Australia, 2006) or the Department of Planning and Local Government Water Sensitive Urban 

Design Technical Manual for Greater Adelaide http://www.planning.sa.gov.au/go/wsud. 

h. The applicant is advised that any proposal to clear native vegetation on the land, unless the 

proposed clearance is subject to an exemption under the Regulations of the Native Vegetation 

Act 1991, requires the approval of the Native Vegetation Council. Note that "clearance" means 

any activity that could cause any substantial damage to native plants, including cutting down 

and removing plants, burning, poisoning, slashing of understorey, removal of branches, 

drainage and reclamation of wetlands, and in some circumstances grazing by animals. For 

further information about Native Vegetation Act 1991 requirements, telephone 8303 9741 or 

visit: http://www.dwlbc.sa.gov.au/native. 

i. Any fencing required to identify boundary lines between the allotments should avoid the 

unnecessary removal of native vegetation and disturbance of soil to minimise the risk of soil 

erosion and subsequent impacts on water quality through increases in siltation, nutrient 

loading and turbidity. Should any works associated with the land division to occur to land 

within the 1956 flood extent, the applicant or landowners should seek advice from the SA 

Murray-Darling Basin NRM Board as to how potential adverse impacts on the wetland can be 

minimised. 

j. The applicant is strongly encouraged to incorporate locally indigenous plant species into any 

landscaping, screen planting or revegetation activities on the subject land to enhance the 

natural character of the locality, stabilise soils and provide habitat for native species. For 

information on appropriate species to be planted, please contact State Flora at Bremer Road, 

Murray Bridge on telephone 8539 2105, or within Belair National Park on telephone 8278 7777 

or visit www.stateflora.com.au. 

k. If it is intended that water from the River Murray Prescribed Watercourse be used to service the 

allotments (other than for firefighting), they may be required to apply to the Department of 

Water, Land and Biodiversity Conservation (DWLBC) for a Water Licence. Further, should it be 

intended to drill a bore on the subject land, they will also need to apply to the DWLBC for a 

Well Construction Permit. For further information contact the DWLBC Water Licensing Unit on 

8595 2203 or visit http://www.dwlbc.sa.gov.au/licensing/forms/index.html. 

l. The River Murray and many of its tributaries and overflow areas have abundant evidence of 

Aboriginal occupation. Under Section 20 of the Aboriginal Heritage Act 1988 (the Act), an 

owner or occupier of private land, or an employee or agent of such an owner or occupier, must 

report the discovery on the land of any Aboriginal sites, objects and remains to the Minister 

responsible for the administration of the Act, as soon as practicable, giving the particulars of 

the nature and location of the Aboriginal sites, objects or remains. 

It is an offence to damage, disturb or interfere with any Aboriginal site or damage any 

Aboriginal object (registered or not) without the authority of the Minister for Aboriginal Affairs 

and Reconciliation (the Minister). If the planned activity is likely to damage, disturb or interfere 

with a site or object, authorisation of the activity must be first obtained from the Minister under 

Section 23 of the Act. Penalties may apply for failure to comply with the Act. 



Page 10

m. The applicant is advised that there are Aboriginal archaeological sites located on the subject 

land. The applicant should consult with the relevant Aboriginal organisation prior to the 

commencement of any works: 

First Peoples of the River Murray and Mallee Native Title Claimant Group 

Chairperson: Gladys Sumner 

Phone: (08) 8582 4477 

Fax: (08) 8582 4488 

Mobile: 0427 181 639 

n. The development site should be established as part of the KESAB Clean Site Program: 

www.kesab.asn.au. 

o. The applicant is reminded of its general environmental duty, as required by Section 25 of the 

Environment Protection Act, to take all reasonable and practical measures to ensure that the 

activities on the whole site, including during construction, do not pollute the environment, in a 

way in which causes or may cause environmental harm. 

p. Any information sheets, guidelines documents, codes of practice, technical bulletins etc, that 

are referenced in the EPA response can be accessed on the following website: 

http://www.epa.sa.gov.au/pub.html 



Page 11

Item 8.3 

Development Application 753/117/11 - Pruszinski Architects on behalf of Cathy 

and Rick Edmonds 

Application No: 753/117/11 

Applicant: 

Pruszinski Architects 

Owner: 

Cathy & Rick Edmonds 

Description of development: Accommodation Apartments Bed & Breakfast & Storage Shed 


7 Panorama Court Paringa 


Residential 1, Bush Fire protection Zone - Excluded 

Development plan provisions: Council Wide Objectives: 18, 58, 59. 

Council Wide Principles of Development Control: 84, 85, 86, 89, 91, 

92, 94, 195, 196, 197, 198, 199. 

Residential 1 Principles of Development Control: 1, 2, 5, 11, 13. 

Referrals / Agency consultations: Nil 

Public notification category Category 3, Merit. Accommodation Apartments Bed & Breakfast. 

Attachment follows report: Yes 


Approval with conditions 

Officer: 

Jarrod White 

File reference: 

A6444 


The proposed development is for Bed and Breakfast accommodation consisting of three self-contained 

apartments including individual swimming pools and car parking. A 12m x 9m storage shed is also 

incorporated. Please refer to attached plans for further detail. 

BACKGROUND: 

As a result of a comprehensive review of the details of the development application as submitted, Council 

categorised the proposal to ‘Accommodation Apartments Bed & Breakfast & Storage Shed’ and the proposal 

would have to be assessed as a merit form of development in the Residential 1 zone. The applicant paid the 

relevant fees for the merit, category 3 development on the 23 th of August 2010. 

HISTORY OF THE SITE: 

The site of the proposed development is: 

o neither within the River Murray Water Protection Area under the Environment Protection Act 1993 nor 

the River Murray Protection Area under the River Murray Act 2003; 

o within the Residential 1 Zone as delineated by the Renmark Paringa Council Development Plan; 

o approx. 80m from the pool level of the river; 

o approx. 3km from Renmark. 



Page 12

PUBLIC NOTIFICATION: 

The application was subject to a category 3 notification, pursuant to section 38 of the Development Act 1993 

and Schedule 9 of the Development Regulations 2008. Category 3 Development letters were sent out to all 

necessary land owners on the 15 th of September 2011. 

The application was advertised in The Murray Pioneer on Tuesday the 20 th of September 2010. 

Representations received: 

T J Stoeckel- Paringa House B&B Stone Cottages. Received 5 th October 2011. 

In summary, the representation indicated concern regarding security and trespass issues due to there being 

no one in full time residence at the site. The representor also expressed concern that a development of a 

commercial nature proposed in a residential zone would set a precedent that might devalue neighbouring 

properties. 

The applicant has responded in writing – the response is attached in the appendices. 

Response: The proposed development will be fenced and have the same level of security as expected of a 

residential property in South Australia. The owners are experienced operators of self-contained 

accommodation properties and have an excellent professional record looking after and monitoring their 

cliental. However, the holiday apartments are designed in a manner that would predominantly appeal to 

couples and thereby limit the likelihood of disturbance to neighbouring properties through the noise of parties 

or gatherings. 

As for the concern that a development of a commercial nature proposed in a residential zone would set a 

precedent that might devalue neighbouring properties, the representor is a current proprietor of a neighbouring 

competing commercial use within the Residential 1 zone and has set the precedent for the locality. 

REFERRALS / AGENCY CONSULTATION: 

Nil 

DEVELOPMENT PLAN PROVISIONS: 

Council Wide Objectives: 18, 58, 59. 

Council Wide Principles of Development Control: 84, 85, 86, 89, 91, 92, 94, 195, 196, 197, 198, 199. 

In the Renmark Paringa Development Plan Council Wide Objective 18 encourages tourist and recreational 

uses that are of an appropriate scale to fit the physical and cultural landscape within which it is set. The design 

of the proposed B&B takes into account the contours and unusual shape of the allotment to make most of the 

views of the River whilst still maintaining an appropriate scale that complements the landscape. The design of 

the proposed development also minimises the need for cut and fill, whilst providing sufficient open space for 

the planting of trees to enhance the landscape character of a location deficient in trees. 



Page 13

The appearance of the proposed development is well suited and in keeping with the desired future character of 

the locality, in terms of built form elements such as; 

o The proposed development displays appropriate building mass and proportions 

o Uses high quality materials, patterns, textures, colours and decorative elements 

o Has good façade articulation and detailing and window and door proportions 

o Fantastic individuality of design whilst remaining compatible with neighbouring buildings 

The proposed development avoids a sterile, incompatible, or regimented layout and building design and 

instead provides the area with an architectural design that complements the Murray River Valley. 

The proposed apartments and associated garages are set-back from the front of the allotment and are unlikely 

to dominate views of adjoining buildings from the street whilst providing adequate on-site car parking. The setbacks 

from side boundaries progressively increase as height increases to; minimise the visual impact of 

buildings from adjoining properties; minimise the overshadowing of adjoining properties; and maintain 

adequate daylight to adjoining dwellings. The proposed development provides adequate private open space 

located, and of such dimensions and gradients, to suit the requirements of future occupants and 

accommodating some of their outdoor recreation activities. 

The proposed apartments are sited to be unobtrusive and are of a character and design which will blend 

naturally with the landscape. The development is unlikely to impair the natural character and visual 

attractiveness which exists within the area, nor detract from the natural appearance of the skyline of the River 

Murray Valley. The proposed development aims to enhance and benefit from the natural features of the land 

upon which it is sited, whilst remaining visually compatible with neighbouring development. 

Residential 1 Principles of Development Control: 1, 2, 5, 11, 13. 

Principle of Development Control 1 and 2 state that the area should, primarily, accommodate single dwellings 

at low densities and only one dwelling should be erected on each allotment. Although the proposed 

development is at variance with PDC 1 and 2 Council considers the proposed development to be an 

appropriate use for the Zone, and in particular, the area in which the development will be located as there are 

currently existing accommodation and commercial uses within the locality. 

The proposed development is designed to have minimal impact on the landscape given the location’s high 

visibility from the River, whilst the scale, bulk and design are sensitive to the desired future character of the 

surrounding residential environment. 

Principle of Development Control 13 states that Motel development should only be situated on land with 

frontage to Renmark Avenue between Twenty First Street and Bookmark Creek, Renmark. I believe this is an 

oversight of the Development Plan as there are Motels and accommodation available within the township of 

Paringa. The location of the proposed development is highly appropriate as it will be clustered with existing 

accommodation and commercial uses without any likely impacts on the future residential use of surrounding 

allotments. 



Page 14

SUMMARY: 

In general, the proposed development is at variance to the Objectives and Principles of Development Control 

within the Residential 1 zone but due to the locality, design and scale of the development it should be 

genuinely considered to be a very appropriate development for the location. The proposal suitably meets the 

Council Wide provisions in the Development Plan, although the provisions guiding such a development are 

few in number. The current Development Plan does not contemplate (or preclude) development such as that 

proposed. I therefore believe that the development is highly worthy of approval, subject to conditions. 


1. That the Riverland Regional Development Assessment Panel determines that development 

application 753/117/11 is not at variance with the Renmark Paringa Development Plan. 

2. That the Riverland Regional Development Assessment Panel determines to grant development 

plan consent to development application 753/117/11 subject to the following conditions: 

Council conditions: 

1. Development must take place and be maintained in accordance with the supporting 

documentation and plans relating to Development Application 753/117/11 except as modified 

by any conditions attached to this decision notification. 

2. All stormwater from roofs, tanks and sealed areas must be discharged into the street 

stormwater system, or appropriately managed on site by a suitably designed drainage system. 

3. The premises must be managed in a manner that is consistent with the EPA Noise Policy, so 

that no nuisance is unreasonably caused to the adjoining residential premises. 

4. Prior to undertaking any works on the road reserves to accommodate access to the subject 

land, the Applicant should contact Council’s Infrastructure Services Department for a permit to 

undertake such works. 

5. The development must be connected to an approved waste control system. Applications for 

approval of a waste control system must be assessed by Council prior to commencement of 

any plumbing work. 

Notes: 

1. The Applicant is reminded of its general environmental duty, as required by Section 25 of the 

Environment Protection Act, to take all reasonable and practicable measures to ensure that the 

activities on the whole site, including during construction, do not pollute the environment in a 

way which causes or may cause environmental harm. 

2. Food Act 2001 and Food Regulations 2002 as amended Requirements - Compliance with the 

Food Act and Food Regulations is necessary if food is to be prepared for or on behalf of 

residents/guests. If food is to be prepared for or on behalf of residents, the requirements of the 

Food Act and Food Regulations must be complied with. Food preparation and storage facilities 

must be inspected and endorsed by Council's Authorised Officer pursuant to the Food Act 

prior to commencement of the operation. 

This requirement does not apply to foods supplied and prepared by residents for their own 

consumption. 

Bins or other receptacles for any form of rubbish or refuse must not be placed or allowed to 

remain in view of the public. Odours must not be emitted from any receptacles so as to cause 

offence to persons outside the site. Bins and receptacles must be covered. 

3. The development must be substantially commenced within 12 months of the date of this 

Notification, unless this period has been extended in writing by Council. 



Page 15

4. You are also advised that any act or work authorised or required by this Notification must be 

completed within 3 years of the date of the Notification unless this period is extended in 

writing by the Council. 

5. You will require a fresh consent before commencing or continuing the development if you are 

unable to satisfy these requirements. 

6. You have a right of appeal against the conditions which have been imposed on this Provisional 

Development Plan Consent or Development Approval. 

7. 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. 

8. 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. 



Page 16

Renmark Paringa Council 

PO Box 730, RENMARK SA 5341 

P: 08 8580 3000 

F: 08 8580 3030 

E: council@renmarkparinga.sa.gov.au 

7 Panorama Court Paringa 

Renmark Paringa Council


PO Box 730, RENMARK SA 5341 

P: 08 8580 3000 

F: 08 8580 3030 

E: council@renmarkparinga.sa.gov.au 


7 Panorama Court Paringa

ITEM 9 

Item 9.1 

OTHER BUSINESS: 

Development Application 551/D023/10 - Civil Surveys and Design Pty Ltd on 

behalf of Bells River Park Pty Ltd 






Development Assessment Commission 

Applicant: 

Civil Surveys & Design P/L 

Owner: 

Bells River Park P/L 

Description of development: Land Division - 1 into 2 


Section 67 CT 5586/873 Hundred of Paisley, 9109 Sturt Highway 

Paisley, Blanchetown 


Flood & Fringe 

Development plan provisions: Council Wide Principals of Development Control: 46 - 54 

Zone Principals: 4 & 5 

Referrals / Agency 

SA Water, Department for Water, EPA, DOH, Transport SA 

consultations: 

Public notification category Non Complying 



For Panel members information. 

Officer: 


Reference: 755569700* 

The Panel at its last meeting made comments and conditions to the Commission that if approval was to 

be given that the Concurrence of the panel would still be required. 

The Commission at a meeting on 22nd September 2011 resolved to refuse the application without 

proceeding to make an assessment. 

A copy of the Decision Notification and report to the Commission is attached. 



Page 17

Item 9.2 

Development Application 551/272/10 - M & K Knight 

Application No: 551/272/10 





Applicant: 

Michael & Kerry Knight 

Owner: 

Michael & Kerry Knight 

Description of development: Storage facility and Tourist accommodation 


Lot 200 Hundred of Waikerie, Ct 5800/283, Waikerie-Cadell Road, 

Ramco 


Horticulture 

Development plan provisions: Country Living Zone 

Referrals / Agency consultations: EPA - 

Department for Water (DFW) 

Public notification category Cat 3 - Non Complying ( Store shed is non-complying) 



Concurrence received - for members information only. 

Officer: 




The Panel approved the above application at its meeting on 10 February 2011 and sought the concurrence of 

the Commission. 

Concurrence has been received and the Approval issued. 

A copy of the Commissions concurrence and minutes are attached. 



Page 18

Item 9.3 

Development Application 551/D002/11 - Phillip Mader 


551/D002/11 





Applicant: 

Phillip Mader 

Owner: 

Phillip Mader 

Description of development: Land Division - 1 into 2 (dwelling excision) 


Section 505 Hundred of Moorook, Schober Road , Wappilka 


Dryland Farming 

Development plan provisions: Principles of Development Control 2 (a) 

Referrals / Agency consultations: SA Water - No Requirements 

Native Vegetation Council - Comments but no objection 


Public notification category Cat 1 considered minor, Non- Complying 



Approve with conditions - concurrence required. 

Officer: 



PROPOSED DEVELOPMENT 

The Panel at its meeting on 14 April 2011 approved the above application, subject to conditions, and sought 

the concurrence of the Commission. 

The Commission at a meeting on 11 August 2011 resolved NOT TO CONCUR with the proposal of the 

RRDAP to issue approval. 

A copy of the Commissions minutes and report are attached. 



Page 19

Item 9.4 

Development Application 551/D003/11- Ian Vallis 


551/D003/11 





Applicant: 

Ian Vallis 

Owner: 

Ian Vallis 

Description of development: Land Division - 1 into 2 (dwelling excision) 


Section 397 Hundred of Pyap, Christie Road, Pata 


Dryland Farming 

Development plan provisions: Principles of Development Control 2 (a) 

Referrals / Agency consultations: SA Water - attached 

Native Vegetation Council - No Objection 


Public notification category Cat 1 considered minor, Non- Complying 



Non Concurrence - for Members Information. 

Officer: 



The Panel at its meeting on 14 April 2011 approved the above application, subject to conditions, and sought the 

concurrence of the Commission. 

The Commission at a meeting on 11 August 2011 resolved NOT TO CONCUR with the proposal of the RRDAP to issue 

approval. 

A Copy of the Commissions minutes and report are attached. 



Page 20

Item 9.5 Next meeting 

The next meeting is scheduled for 8 December 2011. 

ITEM 10 

CLOSE: 



Page 21

RRDAP Agenda November 10 2011 - Berri Barmera Council - SA ...

Create successful ePaper yourself

Delete template?

Save as template?