9 May 2013 - Berri Barmera Council - SA.gov.au

Riverland Regional Development 

Assessment Panel Meeting 

AGENDA 

9 May 2013 

at 

1.30P.M.

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, that the next meeting of the Riverland Regional Development 

Assessment Panel will be held in the Berri Barmera Council Chambers, 19 Wilson 

Street Berri SA, on Thursday 9 May 2013, commencing at 1.30pm. 

DAVID BEATON 

CHIEF EXECUTIVE OFFICER 

BERRI BARMERA COUNCIL 

May 2 2013

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 14 MARCH 2013 AT 1.30PM AT THE BERRI BARMERA COUNCIL CHAMBERS, 

WILSON STREET, BERRI 

Members: 

Presiding Member Independent Member - Mr B.G. Ballantyne 

Independent Members – Ms R Perkin, Messrs D Kanizay, G Parsons 

Council Members – Mrs R.L. Centofanti, Mrs M Malthouse, Mr M Chown 

Staff 

Berri Barmera Council - Mrs C.G. Pedler (Development Officer - Planning) 

Loxton Waikerie Council – Mr G MacInnes (Planning Officer) 

Renmark Paringa Council – Mr B Fewster (Town Planner) 

ITEM 1 

WELCOME: 

ITEM 2 

PRESENT: 

ITEM 3 

APOLOGIES: 

ITEM 4 

CONFIRMATION OF MINUTES 

The minutes of the meeting held 14 March 2013 are attached at appendix for members 

information and adoption. 

RECOMMENDATION: 

That the Minutes of the Meeting held on 14 March 2013 be taken as read and confirmed.

ITEM 5 

DECLARATION OF INTEREST BY MEMBERS OF PANEL: 

ITEM 6 

ITEM 7 

HEARING OF REPRESENTATIONS: 

Representatives from Mootooroo Pty Ltd have requested the right to be heard in respect of Item 

8.3. 

The applicant has requested the right of response. 

REPORTS: 

Item 8.1 Development application 752/d024/10/12 – Strategy Urban Projects ............................................ 1 

Item 8.2 Development Application 551/D005/13 - Mr Alex Harvey ............................................................... 7 

Item 8.3 Development Application 753/132/2012 – B Walker .....................................................................11

Item 8.1 

Development application 752/d024/10/12 – Strategy Urban Projects 

Application No: 

752/d024/10 

Relevant Authority: 

Development Assessment Commission 

Applicant: 

Strategy Urban Projects 

Owner: 

Berri Barmera Council 

Riverland Regional Health Service 

Description of development: Staged Land Division – 2 allotments into 19 

Property details: 

Section 526 and part Section 586 Queen Elizabeth Drive, Barmera 

Zone / Policy Area: 

Residential and Flood zones 

Development plan provisions: Berri Barmera Development Plan, consolidated 24 December 2009 

Referrals / Agency consultations: DWNR, DAC, Council, EPA, CIT, Crown Lands, SA Water 

Public notification category Non-complying, Category 3 

Recommendation: 

Grant concurrence to application 

Officer: 

Cheryle Pedler 

File reference: 

3.71.3, A800,A6721 

Appendices DAC Branch Report 

Application 

Certificates of Title 

Statement of Effect 

Letter to EPA 14/11/12 

Letter to EPA 5/10/12 – Stormwater Management Plan 

S&G Environmental Site Assessment – Phase 1 – 24/8/11 (Exec 

Summary only) 

DWNR (Water Planning & Management) – 9/8/12 

SA Water – 30/12/10 

CIT – 10/12/10 

EPA – 4/12/12 

Council – 6/12/12 

Response to Council – 21/1/13 

Statement of Support – 1/9/11 

PROPOSED DEVELOPMENT: 

The applicant, Strategy Urban Projects, proposes the development of 19 allotments from 2 existing parcels in 

the Barmera township. It is proposed the division is undertaken in 2 stages – Allotments 1-7 inclusive first, and 

lots 8 to 18, and lot 200 as a subsequent stage. 

The land has been filled in part, to bring the level above the 1956 flood height. It is proposed the land will be 

further filled and that there will be a retaining wall constructed on the southern corner of the land. 

The land is accessed from Cocksedge and Marks Roads, with a new cul-de-sac (forming lot 200) to be 

constructed for access to proposed allotments 8 to 18 inclusive. It is proposed that allotments 1 to 7 will be 

accessed via a right of way to be established at the rear of the allotments. 

The allotments range in size from 545 square metres to 703 square metres. 

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 on Thursday 14 March 2013. 

Page 1

HISTORY OF THE SITE: 

Section 526 was previously used as a youth camp, with buildings including dormitories, a recreational hall and 

ablution blocks. The land is now vacant. The land is owned by Council, which has entered into an agreement 

with the applicant to develop the land for residential purposes. 

SUBJECT LAND AND LOCALITY: 

The majority of the land is zoned Residential, with a portion of each of proposed allotments 13, 14 and 15 

within the Flood zone. A number of other allotments are below the extent of the flood height, but are contained 

within the Residential zone. 

The land to the north is a former shack area, which is now utilised in the majority as permanent residences. 

The dwellings are orientated towards Lake Bonney. The subject land, and the dwellings to the north are 

identified as part of Precinct 3 (Cocksedge Road, Barmera) in the current Development Plan, which envisages 

that the area is rejuvenated and redeveloped, with potential for one to three storey development. 

The land to the east is a retirement village, with a mix of dwellings. Land to the south is used as a reserve and 

for residential purposes. The subject land proposes allotments oriented to the north west, with the allotments 

fronting to Queen Elizabeth Drive having views over Lake Bonney. 

PUBLIC NOTIFICATION: 

The land division was subject of Category 3 notification, due to the non-complying nature of the development. 

One response was received, but subsequently withdrawn as it did not relate to the development per se. 

REFERRALS / AGENCY CONSULTATION: 

Various referrals were undertaken, and the responses are included with the appendices. 

DEVELOPMENT PLAN PROVISIONS: 

A detailed assessment against all relevant provisions of the Development Plan has not been undertaken as 

the Development Assessment Commission is the relevant authority. However, I make the following comments: 

Flood zone 

A small portion of the land is located within the Flood zone, which clearly considers land division as noncomplying 

other than in limited circumstances, including to give title to an existing dwelling, for correction of 

minor boundary anomalies, or to create a public road. Clearly the division envisages that that there will be 

residential development on the land. The zone is pointed in the direction given regarding suitable land uses. 

However, the planning process does allow for occasions where a proposal displays sufficient planning merit 

and where the subject site and locality would not be adversely affected, that a proposal may be supportable 

regardless of its non-complying status. Whilst the proposal is clearly at odds with the Development Plan, the 

applicant has indicated that the land can be built up above the relevant AHD for the 1956 flood, and that the 

land (given its previous use, and that of the surrounding land) can be utilised for this purpose. 

The EPA are satisfied that the land can be used for the intended purpose, and whilst DEWNR note that a 

number of the allotments would be subject to flooding in the event of a flood similar to 1956 (noting that Queen 



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Elizabeth Drive cannot be utilised as a flood levee), they have provided advice via a series of notes which 

indicate that the land should be filled so that the land is raised above the 1956 flood extent. 

I am satisfied that the land can be utilised for residential purposes, provided that the land is filled and the 

retaining wall constructed as indicated. 

Residential zone 

Developments of this nature are clearly envisaged by the Development Plan. The size of the proposed 

allotments meets the minimum criteria set down by the plan, and the developer has indicated that the land can 

be provided with town water, have access to a public road, and that stormwater from the development will be 

managed in a suitable manner. 

Effluent disposal 

Barmera is serviced by a CWMS system, with capacity available to service the subject land. Effluent disposal 

is provided to the adjacent land. 

Ordinarily, had Council been the relevant authority, it would have required an undertaking from the developer 

that a payment be made to the Council reserve fund for connection to the CWMS network, in the amount of 

$2000 per allotment, via agreement with the developer. The developer would also have been asked to provide 

an undertaking in writing that effluent infrastructure connected to the existing CWMS would be provided, in 

accordance with Council requirements, at the developers cost. 

Obviously the ability to dispose of effluent is central to the matter as to whether the land is suitable for the 

intended use. The land is not currently serviced for effluent disposal and the developer has not provided an 

undertaking to provide the infrastructure. The proposed allotments are not of sufficient size to allow for on-site 

disposal. 

Instead, the developer has proposed that the provision of effluent infrastructure is required via the Statement 

of Requirements for the division. This also provides Council with scope to vary any contributions made, in 

negotiation with the developer over the joint venture agreement. 

Further, an effluent rising main traverses the land, and to develop the land as proposed, it must be relocated 

or easements provided. The applicant has indicated that this requirement could be affixed to the Statement of 

Requirements. I note that Council has offered to assist in the design for the relocation of the main. 

Road design 

It is noted that the proposed design of the cul-de-sac does not meet the current standards applied by Council. 

The applicant’s planning consultant notes that the design could be negotiated via the Statement of 

Requirements and negotiation between the parties. 

Right of Way 

It is noted that there is a proposed right of way to access the properties fronting to Queen Elizabeth Drive. The 

right of way is six metres in width and should provide for sufficient turning space for vehicles accessing the 

rear of the allotments. It is proposed that the right of way is managed via an encumbrance or Land 

Management Agreement affixed the relevant titles. 



Page 3

SUMMARY: 

Whilst a portion of the land is located within the Flood zone, the applicant has clearly demonstrated that the 

land can be used as intended. The balance of the land is located within the Residential zone, and as such, 

land division of this nature is envisaged. 

The applicant has demonstrated that safe and convenient access can be gained to the proposed allotments, 

and that stormwater can be disposed of in a safe manner. 

Whilst plans for effluent infrastructure are not provided with the application, effluent disposal is available 

adjacent to the land, and connection to the CWMS can be required via the Statement of Requirements. 

There is significant residential land use adjacent the subject land, and the proposal does not offend the 

locality. It is clear that the most recent Development Plan envisages that this land will be revitalised and used 

for residential dwellings. 

It is my view, that on balance the proposed development is not seriously at variance with the objectives and 

principles of the Development Plan. Looking at the development as a whole, and in consideration of the 

information provided by the applicant in support of the application, on balance, I recommend that the Panel 

concur with the decision of the Development Assessment Commission to grant Development Plan Consent, 

subject to conditions and notes. 


1. The Riverland Regional Development Assessment Panel determines that Development Application 

752/d024/10 is not seriously at variance with the Berri Barmera Development Plan. 

2. The Riverland Regional Development Assessment Panel informs the Development Assessment 

Commission that it concurs with the decision to approve Development Application 752/d024/10, in 

accordance with the conditions and notes attached to their report, as follows: 

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 following plans submitted in development application number 752/D024/10: 

Amended Plan 18/01/2011 26655_text_01-v01 Sheet 1 OF 3 

Amended Plan 18/01/2011 V01 Sheet 2 OF 3 

Amended Plan 18/01/2011 V01 Sheet 3 OF 3 

2. That prior to clearance being issued under Section 51 of the Development Act 1993, the following 

works shall be undertaken to the reasonable satisfaction of the Development Assessment 

Commission: 

a) All buildings and deleterious materials such as concrete slabs, footings, retaining walls, 

irrigation pipes and other rubbish shall be cleared from the subject land. 

b) That the proposed retaining wall is designed and constructed in accordance with Australian 

Standards and recognised engineering best practices to Council’s satisfaction. 

3. That all stormwater be connected into the existing main with all works in accordance with Council’s 

specifications and requirements and completed prior to the issuing of the Section 51 Certificate. 

4. That the effluent rising main which extends directly across the land, as per the approved plans shall 

be re-laid in accordance with Council’s specifications and requirements with all costs being met by 

the developer. 



Page 4

5. That the stormwater design must be in accordance with the Residential Development Marks Road, 

Barmera - Stormwater Management Plan, prepared by Tonkin Consulting (ref:120818FL41/HE/HE, 

dated 26 September 2012). 

6. That a Soil Erosion and Drainage Management Plan (SEDMP) must be prepared and implemented in 

accordance with the Code of Practice for the building and construction industry to prevent soil 

sediment and pollutants leaving the site or entering watercourses during development of the site 

and construction of dwellings. The objectives and requirements of a Soil Erosion and Drainage 

Management Plan are described in the Stormwater Pollution Prevention Code of practice for the 

Building and Construction Industry (March 1999): www.epa.sa.gov.au/xstdfiles/Water/Code%20of%20practice/bccop1.pdf 

7. That a Construction Environmental Management Plan must be developed prior to construction 

commencing, which addresses the mitigation or minimisation of impacts (especially from noise, 

dust and waste) during the construction phase. The plan must 'be prepared to the satisfaction of the 

Berri Barmera Council and submitted prior to commencement of site works'. 

Land Division Requirements 

8. That the financial (and augmentation) requirements of the SA Water Corporation shall be met for the 

provision of water supply. (SA Water 90190/10). 

9. That the necessary easements shall be granted to the SA Water Corporation free of cost. 

10. That payment of $45,650.00 be made into the Planning and Development Fund (17 allotment/s @ 

$2,680.00 /allotment). Payment may be made by credit card via the internet at www.edala.sa.gov.au 

or by phone (8303 0724), by cheque payable to the Development Assessment Commission marked 

“Not Negotiable” and sent to GPO Box 1815, Adelaide 5001 or in person, at Level 5, 136 North 

Terrace, Adelaide. 

11. That 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 Certificate purposes. 

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. 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. 

e. Any dwellings associated with this land division must be raised above the 1956 flood extent. 

Allotments 1, 2, 3, 4, 11, 12, 13, 14, 15 will be subject to a degree of inundation by floodwaters. 

f. Best practice Water Sensitive Urban Design (WSUD) guidance can be achieved by compliance with the 

Department of Planning, Transport, and Infrastructure’s WSUD Technical Manual: 

http://www.planning.sa.gov.au/go/wsud. Consideration should be given to water sensitive urban 

design features at the allotment scale, in particular: Driveway and paved areas to use porous 

pavements and runoff being diverted to infiltration zones or vegetation bio-retention swales; Water 

efficient landscaping. 



Page 5

g. Guidance on pollution prevention from construction sites can be found in the ‘Handbook for pollution 

avoidance on commercial and residential building sites’ and the ‘Stormwater pollution prevention code 

of practice’. These documents are available at: http://www.epa.sa.gov.au. 

h. The development site should be established as a part of the KESAB clean site program. For further 

information visit: http://www.kesab.asn.au. 

i. In accordance with section 144 of the Natural Resources Management Act 2004, the occupier of the 

land on which a well is situated must ensure that the well (including the casing, lining and screen of 

the well and any mechanism used to cap the well) is properly maintained. A permit is required from the 

Department for Water for any work to be carried out on a well or for new wells to be drilled. Information 

on specific wells can be obtained from https://des.pir.sa.gov.au/page/desHome.html For information 

regarding permit applications contact the Department for Water on telephone 8463 6863 or visit: 

http://www.sa.gov.au/subject/Water,+energy+and+environment/Water/Water+use+for+irrigators/Water+ 

licences+and+permits/Forms+for+water+permits 

j. If there is an intention to clear native vegetation on the land at any time, the applicant should consult 

the Native Vegetation Council to determine relevant requirements under the Native Vegetation Act 1991 

and its Regulations. 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 or trimming of branches, severing roots, drainage and reclamation of wetlands, 

and in some circumstances grazing by animals. For further information contact the Native Vegetation 

Council on telephone 8303 9741 or visit: http://www.nvc.sa.gov.au. 

k. The applicant is 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. 

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

occupation and Aboriginal sites, objects or artefacts may be present on the subject land (eg. scarred 

trees, campsites, burial sites, middens, etc). 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. 

m. 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. Any information sheets, guidelines documents, 

codes of practice, technical bulletins etc. that are referenced in this response can be accessed on the 

following web site: http://www.epa.sa.gov.au 



Page 6

Item 8.2 

Development Application 551/D005/13 - Mr Alex Harvey 

Application No: 

551/D005/13 

Council: 

DC of Loxton Waikerie 


DC Loxton Waikerie 

Applicant: 

Brooke Sidebottom Hennig & Co Surveyors on behalf of Alex Harvey 

Owner: 

Mr Alex Harvey 

Description of development: Land Division - one allotment into two allotments 


Sec 594 Hundred of Waikerie, CT 5542/802, Cnr Oxford Landing 

Road & Cadell Valley Road, Oxford Landing, Sunlands, Waikerie 


Primary Production – Horticulture Policy Area 

Development plan provisions: Loxton Waikerie (DC) Consolidated 21 February 2013 

Referrals / Agency consultations: SA Water - don’t supply water or sewerage - No requirements 

CIT – does not supply water and no requirements 

Public notification category Non Complying (Category 3) 

Appendices: Application 

Certificate of Title 

Plan of Division 

DAC 

DPTI 

SA Water 

Dwelling proposal 


Proceed with assessment 

Officer: 

Graham MacInnes 

Reference: 5517465104 


An application has been received from Brooke Sidebottom, Hennig & Co Surveyors on behalf of Alex Harvey 

to subdivide land at Oxford Landing. The land is located on the corner of Oxford Landing Road and Cadell 

Valley Road, approximately midway between Waikerie and Cadell. The proposal intends to excise the existing 

dwelling (one hectare) from the remaining horticulture land (9.31 hectares). 

The land division seeks to create an allotment for a future dwelling for which Council has also received an 

application. A copy of the site plan for the proposed dwelling is included in the appendices. Please note that 

the current dwelling is notated as a store on the site plan. 

The Development is categorised non-complying and Council are the Relevant Authority. As the application is 

non-complying, it is a category 3 form of development. 

SITE HISTORY 

The land is zoned Primary Production and in the Horticulture Policy Area. The land is completely planted with 

citrus (orange) trees and contains a dwelling (relocatable) and existing farm sheds. The dwelling has existing 

access to Oxford Landing Road. 



Page 7

BACKGROUND 

The proposal is considered non-complying as the existing dwelling being excised will not be 40 metres from 

the new boundaries being created. If the new dwelling was to be constructed then the excision would still be 

non- complying as the new dwelling would not have existed at 1 December 2011. 

The applicant could if he wanted make the proposed excised lot larger so that it became a merit application 

but would result in the existing farm shed not remaining on the proposed horticulture allotment. 

The applicant has been informed that a Statement of Support and effect will be required if Council proceed 

with an assessment of the application. An application for a new (replacement) dwelling on the proposed 

allotment has also been received – see attachments. 

Aerial Site Plan 

PUBLIC NOTIFICATION 

The proposal will require advertising in The River News and notices to be sent to all adjoining land owners. 


SA Water, DPTI (Transport Services) and DAC's letters is attached 



Page 8


General Section - Land Division 

Objectives 

1 Land division that occurs in an orderly sequence allowing efficient provision of new infrastructure and 

facilities and making optimum use of existing underutilised infrastructure and facilities. 

2 Land division that creates allotments appropriate for the intended use. 

3 Land division layout that is optimal for energy efficient building orientation. 

4 Land division that is integrated with site features, including landscape and environmental features, 

adjacent land uses, the existing transport network and the availability of infrastructure. 

5 Land division restricted in rural areas to ensure the efficient use of rural land for primary production and 

avoidance of uneconomic infrastructure provision. 

Principles of Development Control (PDC) 

Land Division in Rural Areas 

20. Rural land should not be divided if the resulting allotments would be of a size and configuration likely to 

impede the efficient use of rural land for any of the following: 

(a) primary production 

(b) value adding industries related to primary production 

(c) protection of natural resources. 

21 Rural land should not be divided where new allotments would result in any of the following: 

(a) fragmentation of productive primary production land 

(b) strip development along roads or water mains 

(c) prejudice against the proper and orderly development of townships 

(d) removal of native vegetation for allotment boundaries, access roads, infrastructure, dwellings and 

other buildings or firebreaks. 

Primary Production Zone – Horticulture Policy Area - Principles of Development Control 

Land Division 

8. Land division should not result in allotments of less than 8 hectares, except where to excise an existing 

dwelling from an allotment. 

9. Land division to excise an existing dwelling should not occur unless: 

(a) the new allotment containing the dwelling has a minimum area of 1 hectare 

(b) all new allotment boundaries are located at least 40 metres from the existing dwelling unless where it 

is located adjacent to a road reserve or existing non-horticultural activities 

(c) the remaining allotment has a minimum area of greater than 8 hectares. 

Non-complying Development - Land division creating additional allotment(s) 

Except where it achieves any of the following: 

(b) It is within the Horticulture Policy Area 1 and either (i) or (ii) apply 

(i) All allotments resulting from the division are at least 8 hectares and are for the purpose of 

facilitating the use of the land for horticultural activities 

(ii) to excise a dwelling that existed as of 1 December 2011 from an allotment that also existed as 

of 1 December 2011, provided that: 

(A) Excised allotment contains the existing dwelling 

(B) Excised allotment has a minimum area of 1 hectare 



Page 9

(C) Excised allotment boundaries are located at least 40 metres from the existing dwelling 

unless where it is located adjacent to a road reserve or existing non-horticultural activities. 

(D) Remaining allotment has a minimum area of 8 hectares 

SUMMARY 

The proposed land division would create an allotment for a dwelling in the Primary Production Zone – 

Horticulture Policy Area. The existing dwelling does not meet the setback requirements of the Loxton Waikerie 

Development Plan but the proposed new dwelling will. 

As the owners are building a new dwelling it is their wish that the residence is on a separate title to the 

horticultural activities of the remaining land. 

It would be possible for the applicant to increase the size of this allotment to make it a merit application and 

then after building the new dwelling realign the boundaries to this proposal, but this would take another Land 

Division process and be more expensive. 

The proposal is not at serious variance with the Development Plan and meets the Objectives of the Plan. 


The Riverland Regional Development Assessment Panel resolves to proceed with an assessment of 

the Development Application pursuant to Regulation 17 (3) (b of the Development Regulations 2008 

and the Development Act 1993. 



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Item 8.3 

Development Application 753/132/2012 – B Walker 

Application No: 753/132/2012 

Council: 

Renmark Paringa Council 


Council 

Applicant: 

Mr Brian Walker 

Owner: 

Brian and Helen Walker 

Description of development: Change of land use from dry land farming to horticulture 

(retrospective) 


Lot 17 and 18 Murtho Road, Paringa 


River Murray Fringe Zone & River Murray Flood Zone 

Development Plan provisions: Renmark Paringa Development Plan consolidated 1 December 2011 

River Murray Fringe Zone 

Objectives 1, 2, 3, 6 

Principles 1, 2, 4, 10 

General Section 

Interface between Land Uses 

Objectives 1, 2 

Principles 1, 2 

Natural Resources 

Objectives 1, 6, 10, 12, 13, 14 

Principles 1, 8, 11, 39, 40, 41, 42 

Orderly and Sustainable Development 

Objectives 1, 3, 4 

Principles 1, 2 

Sloping Land 

Objectives 1 

Principles 1, 2, 6 

Transportation and Access 

Objectives 2 

Principles 1, 13, 22, 23, 24, 28, 29 

Referrals / Agency consultations: Department of Environment, Water and Natural Resources 

Public notification category 

Category 3, merit 

Attachment follows report: 

Yes 


Development Approval subject to conditions 

Officer: 

Brendan Fewster 

Reference: 

A5801 


The application is seeking to change the use of the subject land from dry land farming to irrigated horticulture. 

As the use of land has already changed through the planting of citrus trees and associated irrigation 

infrastructure and earthworks, the application is retrospective in nature. 



Page 11

More specifically, the proposed horticulture use comprises approximately 45 hectares of citrus trees, planted in 

rows that extend north to south and range from 18 metres to 365 metres in length. The rows are 

approximately 6 metres apart and the trees planted at 2.5 metre spacing within soil mounds or beds. 

Water is pumped from the river via a main line at a volume of approximately 450 megalitres per annum. A drip 

irrigation system is used to water the citrus trees. 

A series of stormwater runoff and erosion control measures have been established on Lot 17. 

The proposal plans and documentation are contained in Attachment A. 

BACKGROUND: 

The issue of stormwater runoff from Lot 18, particularly during times of heavy rainfall, has been of on-going 

concern to the owners of adjacent land to the north (Lot 1). 

A review undertaken by Council confirmed that the use of Lot 18 changed from dry land farming to horticulture 

without Development Approval. Given the unlawful use of the land, Council requested that the owner of Lot 18 

lodge a Development Application to retrospectively change the use of the land, and therefore remedy the 

breach. As an application was not forthcoming, Council served the owner with an Enforcement Notice on 17 

April 2012 under Section 84(2) of the Development Act 1993. The owner lodged an appealed with the 

Environment, Resources and Development Court against the enforcement notice. A directions hearing for the 

appeal has been adjourned to allow the owner to lodge a Development Application and for Council to make a 

decision on the application. 

SUBJECT LAND AND LOCALITY: 

The subject land is situated on the north-western side of Murtho Road, approximately 6 kilometres north of the 

Paringa township. The land has direct frontage to an area of road reserve and is accessed from unsealed 

offshoots that extend across the reserve area. 

The site is somewhat irregular in shape with a total area of 48.43 hectares. The topography of the land varies 

considerably. The land adjacent to the northern boundaries is low lying, forming natural gullies that extend 

through neighbouring properties and toward the river. 

The subject land is occupied by an irrigated citrus orchard. To the north, east and south of the site are 

horticulture uses, while to the north-west and west is natural land that backs onto the River Murray. 



Page 12

Subject land 

NATURE OF DEVELOPMENT: 

Although a portion of Lot 17 is within the River Murray Flood Zone, the site of the proposed development is 

situated wholly within the River Murray Fringe Zone. In this zone, “horticulture involving the growing of olives” 

is a non-complying form of development. As the proposed horticulture does not comprise the growing of olives, 

the proposal is not listed as a complying or non-complying form of development. Therefore, the proposal must 

be assessed on its merits against the relevant provisions of the Renmark Paringa Development Plan. 

PUBLIC NOTIFICATION: 

The proposed horticulture use is not assigned as a Category 1 or 2 Development within the River Murray 

Fringe Zone or within Schedule 9 of the Development Regulations 2008. As the proposed development is not 



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considered to be of a minor nature, as outlined in Part 1 (2)(g) of Schedule 9, the application is assigned to 

Category 3 for the purposes of public notification. 

Two (2) representations were received during the notification period from the owners of adjacent land. The 

issues/concerns of the representors are summarised below: 

Mootooroo Pty Ltd (Lot 1) 

(Mark Lucas, Jennifer Lucas, Lesley Golley, Daryl Lang & Michael Herbert) 

Requirement for a Land Management Plan; 

Water run-off; 

Soil erosion; 

Possible disturbance of a site of significance on Lot 18; 

Unauthorised vehicle access arrangements; and 

Disease and pest management. 

Bruce Lindner (for House of Lindner) 

Support the proposal and recommend that the land be rezoned to horticulture. 

A copy of the representations and the applicant’s response is contained in Attachment B. 


The application has been referred to the Department of Environment, Water and Natural Resources (DEWNR) 

pursuant to Section 37 of the Development Act 1993. DEWNR has no objection to the proposed development 

as it is unlikely to result in any harm to the River Murray system. Council has been directed to attach one 

condition to any decision to grant approval. 

The agency response is contained in Attachment C. 


Land Use / Form of Development 


Objective 1: The natural character and visual attractiveness of the River Murray, valley face and surrounds 

unmarred by development. 

Objective 3: 

Objective 5: 

PDC 1: 

Retention of the rural character of the zone. 

Development that contributes to the desired character of the zone. 

The following forms of development are envisaged in the zone: 

▪ farming 

▪ recreation facility. 



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The subject site is situated within the River Murray Fringe Zone of the Renmark Paringa Development Plan. 

The objectives of the zone seek to preserve the natural and scenic character of the River Murray and the 

valley face. 

Principle of Development Control 1 of the zone lists farming as an envisaged form of the development. 

Although farming does not include horticulture as defined by Schedule 1 of the Development Regulations 

2008, it is observed that much of the land within the zone that is adjacent to Murtho Road is currently used for 

horticulture. The high concentration of horticulture seems to be a consequence of the size of the land 

holdings, which generally are not large enough for farming, as well as the soil type and access to the river for 

irrigation. Given the prevalence of horticulture, the proposed citrus orchard is compatible with the use and 

character of land within the zone. 

While the retention of land in its natural condition as a backdrop to the River Murray is desirable, the land that 

contains the orchard does not necessarily have a backdrop to the river as there are large parcels of natural 

land between the river and the orchard. 

For the above reasons, the proposed horticulture sufficiently accords with the objectives and policy intent 

expressed within the River Murray Fringe zone, and thus, is considered an appropriate form of development. 

The proposal is therefore acceptable in land use terms. 

Stormwater & Erosion Management 


PDC 10: Land should not be irrigated intensively if such a use would cause: 

(a) a loss of natural vegetation or Aboriginal heritage sites 

(b) adverse effects on the quality of surface water or groundwater, or any other land in the 

locality. 


(Interface between Land Uses) 

Objective 1: Development located and designed to prevent adverse impact and conflict between land 

uses. 

PDC 2: 

Development should be sited and designed to minimise negative impact on existing and 

potential future land uses considered appropriate in the locality. 

(Natural Resources 

PDC 39: Development should be designed and sited to prevent erosion. 

PDC 41: 

(Sloping Land) 

Objective 1: 

Development should minimise the loss of soil from a site through soil erosion or siltation 

during the construction phase of any development and following the commencement of an 

activity. 

Development on sloping land designed to manage visual impacts, minimise impacts on the 

natural environment and protect soil stability and water quality. 



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PDC 2: 

Development and associated driveways and access tracks, including related earthworks, 

should be sited, designed and undertaken in a manner that: 

(a) minimises their visual impact 

(b) reduces the bulk of the buildings and structures 

(c) minimises the extent of cut and/or fill 

(d) minimises the need for, and the height of, retaining walls 

(e) does not cause or contribute to instability of any embankment or cutting 

(f) avoids the silting of watercourses 

(g) protects development and its surrounds from erosion caused by water run-off. 

The above provisions seek to ensure that development minimises impacts on land within the locality. In 

particular, Principle of Development Control 10 of the River Murray Fringe zone requires that land not be 

intensively irrigated if it causes adverse effects on ground/surface water or on surrounding land. Similarly, 

Principle of Development Control 2 of the General Section (Sloping Land) seeks to protect surrounding land 

from erosion caused by water run-off. 

A fundamental issue raised by one of the representors (Mootooroo Pty Ltd) concerns water run-off and erosion 

during rain events. The representor is of the view that their property is adversely affected by stormwater runoff 

from the subject land and that the change of use to horticulture has been a significant cause of such run-off 

and associated erosion. 

At the request of Council, the applicant has provided a Stormwater Management Plan prepared by Tonkin 

Consulting, a suitably qualified engineering consultancy. The Tonkin Report is contained in Attachment D. 

The report concluded that the flow and erosion control measures that are currently in place on the site would 

“reduce run-off and control erosion to a degree appropriate to the nature of the site and the broader 

topography of the landscape”. 

To ensure that a fully informed and balanced assessment of the proposal is made, Council engaged the 

services of a consulting engineer, namely TMK Consulting Engineers, to review the Tonkin report and provide 

expert advice on all stormwater runoff and erosion matters. While TMK do not consider the citrus trees to 

exacerbate runoff flows, it is considered likely that run-off flows from Lot 18 to Lot 1 would increase during 

rainfall at times when the soil moisture is already high due to irrigation. The TMK Report is contained in 

Attachment E. 

The advice of TMK confirms that the flow and erosion control measures recommended by the Tonkin report 

would not sufficiently control and minimise soil erosion from Lot 18 to the adjoining property to the north (Lot 

1). While TMK acknowledge that it is not possible to prevent runoff onto Lot 1 due to the natural contours of 

the land, it is however their expert opinion that certain measures or practises are required to be carried out in 

order to sufficiently ‘minimise’ soil erosion from Lot 18 onto Lot 1. These measures are listed below, and 

either improve-upon or are in addition to those recommended by the Tonkin report: 

 

The ‘V’ shaped swales recommended by the Tonkin report should be avoided as such swales are 

prone to erosion along the invert. Parabolic or Trapezoidal profile swales should be adopted as 

illustrated below: 



Page 16

The channelized flow structures, as illustrated below, should be avoided due to the facilitation of 

scour, erosion and transportation of sediment onto Allotment 1. Wide spread sheet flow is 

recommended. 

Photos taken by TMK Consulting on 29 January 2013 

 

 

Appropriate grass cover should be provided and maintained between all of the rows and between the 

access track and the fence for soil stabilisation. 

The existing flow control measures require appropriate management in order to operate effectively. 

The photo below illustrates considerable sediment build-up. The distilling of the existing timber/rock 

structures should be undertaken at least 3 times a year and when the structures are half-full with 

deposited sediments. 

Photo taken by TMK Consulting on 29 January 2013 

 

While the existing timber/rock measures are structurally sound and are located at the three critical 

points of the catchment, the capacity of the structures should be increased in length and depth. The 



Page 17

configuration for the rock bed should be 10m(L) x 5m(W) x 0.5m(D) and the timber retaining structures 

increased to 10 metres in length. 

Additional retaining measures in the form of compacted earthen bunds and infiltration trenches are 

required along the fence line, as illustrated below. 

On the basis that the above flow and erosion control measures are implemented, water and silt run-off from 

the site would be minimised to an extent that would sufficiently protect surrounding land. The above 

requirements have been imposed as conditions of consent should the Panel be minded to approve the 

application. Council’s legal representative considers these conditions to be enforceable and indeed 

appropriate, as they “provide for the management, preservation or conservation of any land or building subject 

to development” (Section 42 of the Development Act 1993). 

Vehicle Access 


(Transportation and Access) 

PDC 22: 

PDC 23: 

PDC 28: 

Development should have direct access from an all weather public road. 

Development should be provided with safe and convenient access which: 

(a) avoids unreasonable interference with the flow of traffic on adjoining roads 

(b) accommodates the type and volume of traffic likely to be generated by the development or 

land use and minimises induced traffic through over-provision 

(c) is sited and designed to minimise any adverse impacts on the occupants of and visitors to 

neighbouring properties. 

Driveways, access tracks and parking areas should be designed and constructed to: 

(a) follow the natural contours of the land 

(b) minimise excavation and/or fill 

(c) minimise the potential for erosion from run-off 

(d) avoid the removal of existing vegetation 

(e) be consistent with Australian Standard AS 2890 Parking facilities. 



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The subject land gains access from Murtho Road via unsealed offshoots that extend across an area of reserve 

between the front boundaries and the road. Lot 18 has an access track around the perimeter and through the 

middle of the orchard. 

It is noted that the representor has some concern with access arrangements that are internal to the site and 

has suggested that an access point onto Murtho Road is unauthorised. The suggested earthworks associated 

with internal vehicle access is not development and the works undertaken within Council road reserve is a 

separate matter for Council under the Local Government Act. 

The existing/proposed access arrangements would continue to provide safe and convenient vehicle access in 

accordance with the above provisions. 

Lot 17 comprises a strip of land that extends from the road frontage to land adjacent to the river. This strip 

provides the allotment with legal access. While the existing flow and erosion control measures are located on 

this portion of the allotment, thus restricting vehicle access to the balance of the land, Council’s legal 

representative has advised that access to Lot 17 is not a matter for consideration at this time as there is no 

existing development on Lot 17 that requires access to Murtho Road. Importantly, Lot 17 and 18 are in the 

same ownership and together form the subject land for the proposed development. 

For the above reasons, the proposal would not lead to conditions detrimental to the free flow and safety of 

vehicular traffic within the vicinity of the site and the surrounding road network. 

SUMMARY: 

When assessed against the relevant provisions of the Development Plan and having regard to the context of 

the locality and the nature of the proposed development, it is considered that the proposal sufficiently accords 

with the relevant provisions of the Development Plan. 

The proposed horticulture use is compatible with existing uses in the locality and would not detract from the 

natural character and scenic qualities of the area. With the implementation of appropriate flow and erosion 

control measures, as recommended, water and silt run-off from the site would be minimised to an extent that 

would sufficiently protect surrounding land. 

Accordingly, the proposal warrants Development Plan Consent subject to conditions. 


1. The Riverland Regional Development Assessment Panel determines that Development 

Application 753/132/2012 is not seriously at variance with the Renmark Paringa Council 

Development Plan. 

2. That pursuant to Section 38 (10) and (11) of the Development Act 1993, the Riverland Regional 

Development Assessment Panel allows representors who have indicated a desire to be heard, 

to be heard, and allows the applicant to respond. 

3. The Riverland Regional Development Assessment Panel determines to grant Development Plan 

Consent and Development Approval to Development Application 753/132/2012 subject to the 

following conditions: 

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

documentation and amended plans, relating to Development Application 753/132/2012 



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except as modified by any conditions attached to this Decision Notification. 

2. The existing ‘V’ shaped swales located within Catchment Area 1 on the Swale and 

Embankment Locations Plans prepared by Tonkin Consulting dated 20/08/12 shall be 

modified to form Parabolic or Trapezoidal profile swales. The required works shall be 

completed within 3 months of the date of Development Approval. 

3. The existing embankments and infiltration trenches within Catchment Areas 1, 2 and 3 on 

the Swale and Embankment Locations Plans prepared by Tonkin Consulting dated 

20/08/12 shall be compacted and vegetated with native grasses within 3 months of the date 

of Development Approval. The infiltration trenches shall be filled with compacted soil at 

the boundary fence line and maintained at all times to allow wide spread sheet flow. 

4. The existing timber retaining walls and rock beds identified on the Swale and Embankment 

Locations Plans prepared by Tonkin Consulting dated 20/08/12 shall be increased in length 

and depth. The rock bed shall be 10m(L) x 5m(W) x 0.5m(D) with the timber retaining 

structures a minimum of 10 metres in length. The required works shall be completed 

within 3 months of the date of Development Approval. 

5. The existing timber retaining walls and rock beds shall be distilled (soil removed) a 

minimum of three times a year and when the structures are half-full with deposited 

sediments. 

6. Compacted and vegetated earthen bunds or sand bags at a height of 300mm above the 

natural ground level shall be established along the property boundary within Catchment 

Area 3 as identified on the Swale and Embankment Locations Plans prepared by Tonkin 

Consulting dated 20/08/12. Infiltration trenches shall be established adjacent to the 

earthen bunds or sand bags. The required works shall be completed within 3 months of 

the date of Development Approval and be maintained in good condition at all times. 

7. Grass cover shall be provided between all citrus rows and between the access track and 

the adjacent boundary fence. The ground cover shall be planted within 3 months of the 

date of Development Approval and be maintained to the satisfaction of Council thereafter. 

Department of Environment, Water and Natural Resources 

8. Any exposed areas created or exacerbated during works musts be appropriately stabilised 

to minimise the potential for erosion. 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, to 

ensure no pollutants (including excavation or fill material) enter the River Murray system. 

Revegetation with locally indigenous species or the use of geosynthetic materials may 

assist in complying with this condition. 

Notes: 

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. 

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

Aboriginal occupation and Aboriginal sites, objects or artefacts may be present on the 

subject land (eg. scarred trees, campsites, burial sites, middens, etc). 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 



Page 20

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. 

If there is an intention to clear native vegetation on the land at any time, the applicant should 

consult the Native Vegetation Council to determine whether the proposed clearance requires 

formal approval under the Native Vegetation Act 1991. 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 or trimming of 

branches, severing roots, drainage and reclamation of wetlands, and in some circumstances 

grazing by animals. For further information contact the Native Vegetation Council on 

telephone 8303 9741 or visit: http://www.nvc.sa.gov.au. 

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. 

This approval does not obviate any considerations that may apply to the Environment 

Protection and Biodiversity Conservation Act 1999 (Cth). For further information visit: 

http://www.environment.gov.au/epbc. 



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ITEM 9 

OTHER BUSINESS: 

ITEM 10 

NEXT MEETING 

ITEM 11 

CLOSE: 



Page 22

9 May 2013 - Berri Barmera Council - SA.gov.au

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