Development Act 1993 Draft Development Plan Amendment Charles Sturt Development Plan ...

440 Pages·2013·6.69 MB·English

Development Act 1993
Draft Development Plan Amendment
Charles Sturt Development Plan
LOCAL HERITAGE INTERIM
Development Plan Amendment
By Council
For Community Consultation
Closing date for submissions –
Have Your Say
This Development Plan Amendment (DPA) will be available for inspection by the
public electronically at www.charlessturt.sa.gov.au or in hard copy at
• Council offices – 72 Woodville Road, Woodville:
Monday to Friday 8.30am to 5.00pm
• Civic Library – 72 Woodville Road, Woodville:
Monday to Thursday 10.00am - 5.30pm; Friday 10.00am - 8.00pm;
Saturday 9.15am - 12.00noon; Sunday 1.30pm - 4.30pm
• Hindmarsh Library – 139 Port Road:
Monday to Friday 10.00am - 7.00pm; Saturday 12.30pm - 4.30pm
• Findon Library, Findon Shopping Centre, Cnr. Findon and Grange Roads,
Findon:
Monday to Friday: Monday to Wednesday 10.00am to 5.30pm; Thursday
10.00am - 8.00pm; Friday 10.00am - 5.30pm; Saturday 9.15am - 1.00pm
• Henley Beach Library – 378 Seaview Road, Henley Beach:
Tuesday 10.00am - 5.30pm; Wednesday 1.00pm - 8.00pm; Thursday,
Friday - 10.00am - 5.30pm; Saturday 9.30am - 12.00noon; Sunday 1.30pm -
4.00pm
• West Lakes Library - Cnr. West Lakes Boulevard and Brebner Drive, West
Lakes:
Monday to Wednesday 8.30am - 5.30pm; Thursday 8.30am - 8.00pm;
Friday 8.30am - 5.30pm; Saturday 9.15am - 5.00pm; Sunday 1.30pm -
4.30pm
from until 12 July 2013.
During this time anyone may make a written submission about any of the changes
the DPA is proposing.
Submissions should be sent to Chief Executive Officer, City of Charles Sturt, 72
Woodville Road, Woodville, SA 5011
Submissions should indicate whether the author wishes to speak at a public
meeting about the DPA. If no-one requests to be heard, no public meeting will be
held.
If requested, a meeting will be held on 19 August2013 at Council’s Civic Centre, 72
Woodville Road Woodville.
TABLE OF CONTENTS
EXECUTIVE SUMMARY .............................................................................................................. i
Introduction .......................................................................................................................... i
Need for the amendment ..................................................................................................... i
Statement of Intent .............................................................................................................. ii
Area(s)/land affected ............................................................................................................ v
Proposed policy change(s) .................................................................................................... vi
Legal requirements ............................................................................................................... vii
Consultation .......................................................................................................................... viii
The final stage ....................................................................................................................... ix
1. ANALYSIS ........................................................................................................................... 1
1.1 Background ............................................................................................................... 1
1.2 The strategic context and policy directions .............................................................. 2
1.2.1 Consistency with South Australia’s Strategic Plan ................................................ 2
1.2.2 Consistency with the Planning Strategy ............................................................... 2
1.2.3 Consistency with Other Key Policy Documents .................................................... 5
1.2.4 BDP Policy Library ................................................................................................. 7
1.3 Investigations previously undertaken ....................................................................... 7
1.4 Investigations Initiated to Inform this DPA ............................................................... 8
1.5 Government Agency Consultation ............................................................................ 28
2. CONCLUSIONS AND RECOMMENDED POLICY CHANGES .................................................. 29
2.1 Current Planning Policy ............................................................................................. 31
2.2 Recommended Planning Policy ................................................................................. 34
2.3 Assessment Matters ................................................................................................. 35
3. STATEMENT OF STATUTORY COMPLIANCE ...................................................................... 36
3.1 Accords with the Planning Strategy .......................................................................... 36
3.2 Accords with other parts of the Development Plan ................................................. 36
3.3 Complements the policies in the Development Plans for adjoining areas ............... 36
3.4 Satisfies the requirements prescribed by the Regulations ....................................... 36
REFERENCES/BIBLIOGRAPHY .................................................................................................... 37
CERTIFICATION BY COUNCIL’S CHIEF EXECUTIVE OFFICER ....................................................... 38
APPENDICES .............................................................................................................................. 39
THE AMENDMENT…….…………………………….…… ………………………………………………………….………272
EXECUTIVE SUMMARY
INTRODUCTION
The Development Act 1993 (the Act) provides the legislative framework for
undertaking amendments to a Development Plan. The Act allows either the
relevant council or, under prescribed circumstances, the Minister for Urban
Development and Planning to amend a Development Plan.
Before amending a Development Plan, a council must first reach agreement with
the Minister for Planning regarding the range of issues the amendment will
address. This is called a Statement of Intent. Once the Statement of Intent is
agreed to, a Development Plan Amendment (DPA) (this document) is written,
which explains what policy changes are being proposed and why, and how the
amendment process will be conducted.
A DPA consists of:
(cid:120) Executive Summary (this section)
(cid:120) Analysis
(cid:120) Conclusions and Recommended Policy Changes
(cid:120) Statement of Statutory Compliance
(cid:120) References/Bibliography
(cid:120) Certification by Council’s Chief Executive Officer
(cid:120) Appendices
(cid:120) The Amendment.
NEED FOR THE AMENDMENT
This DPA is proposing to provide for the protection of places and areas of local
heritage importance through the listing of additional local heritage places, the
delisting of certain existing Local Heritage Places, the updating of descriptions of
Local Heritage Places in the Development Plan, and the review of listings and
descriptions of certain Contributory Places within the Historic Conservation Area.
This is because although the Charles Sturt (City) Development Plan already
provides heritage protection to some degree, it does not do so on a comprehensive
basis relating to previous heritage surveys or incorporate places identified or
changed since the last review of heritage leading to the current heritage provisions
in the Development Plan was undertaken. This is due to such factors as:
(cid:120) the current Development Plan being compiled from two separate previous
Development Plans relating to the former City of Hindmarsh Woodville, and
the former City of Henley & Grange;
(cid:120) varying State Government policies at the times that previous heritage-
related Plan Amendment Reports were undertaken; and
(cid:120) more recent improvement to the level of research and information relating to
current and potential local heritage places and some contributory places.
i
As a result, it is timely to ensure a more consistent and equitable approach for the
protection of heritage assets across the City of Charles Sturt, which is the prime
purpose of this Development Plan Amendment.
There is also a need for amendment to resolve some inconsistencies in relation to
public notification procedures for Local Heritage Places and Contributory and non-
contributory places within the Historic Conservation Area.
The current development controls for this region are set out in the Charles Sturt
(City) Development Plan consolidated 10 June 2010.
The constraints/opportunities for this site/region are to ensure that these
Development Plan initiatives invoke provisions in the Development Regulations
2008 that require a planning assessment of the heritage impact of building
demolition prior to the issuing of a Development Approval (or refusal).
As a result, it is important to ensure that the Development Plan provisions take
advantage of demolition controls in situations where the retention of heritage
assets forms part of the City’s desired character.
STATEMENT OF INTENT
The Statement of Intent relating to this DPA was agreed to by the Minister for
Urban Development and Planning on 20 October 2005.
As described in the Statement of Intent, the scope of this DPA is to achieve:
(a) The protection of all eligible Local Heritage Places that, in some instances,
were identified by previous heritage surveys but were not successfully
carried through to Development Plan listing.
(b) Some adjustment to the list of Contributory Items relating to the existing
Historic Conservation Area;
(c) The general updating of property identifiers and the formatting of tables
and related detail for State Heritage Places, Local Heritage Places and
Contributory Items listed in the Development Plan; and
(d) Rationalisation of public notification for Development Applications affecting
Local Heritage Places, Contributory and non-contributory Places.
Council-initiated Plan Amendment Reports are formally commenced by submitting
of a Statement of Intent to the Minister for Urban Development and Planning for
approval. The content of the Statement of Intent and the approval process are
guided by section 25(1) of the Development Act.
The purpose of a Statement of Intent is to form early agreement between the
Council and the Minister on the need for a Development Plan Amendment based
on the identified issues, their relationship to the State Government’s Planning
Strategy, and the proposed methodology for investigating and resolving these
issues, including proposed timelines, consultation and the provision of expert
advice etc.
ii
The Statement of Intent for the City of Charles Sturt Heritage DPA, dated July
2005, described the issues to be resolved as follows:
(cid:120) The further listing of all eligible Local Heritage Places that, in some
instances, were identified by previous heritage surveys but were not
successfully carried through to Development Plan listing;
(cid:120) The correction of errors, deletions and omissions that relate to Contributory
Items in existing Historic Conservation Zones (now the Historic
Conservation Area); and
(cid:120) The up-dating of property identifiers and other relevant details that relate to
existing State Heritage Places, Local Heritage Places and Contributory
Items listed in the Development Plan.
The Statement of Intent also outlined the various policies from the State
Government’s Planning Strategy for Metropolitan Adelaide that was in force at the
time, but has since been replaced by the 30 Year Plan for Greater Adelaide. A
précis of these policies is given in section 1.2.2 of this Development Plan
Amendment.
Furthermore, the Statement of Intent outlined the relationship of identified issues to
the then existing Region and Council wide policies found in the Council wide (now
General) section of the current Development Plan. In this regard, it is worth noting
that the existing Council Wide policies in the Development Plan are not proposed
to be varied by this Development Plan Amendment. These existing related policies
are detailed in section 2.1 under Current Planning Policy.
Investigations for the Development Plan Amendment were described as follows:
(cid:120) a review of the extent to which the current Development Plan policies
complement the State Planning Strategy and the range of issues that need
to be addressed;
(cid:120) the findings of a heritage study conducted by Robyn Taylor, heritage and
planning consultant, which involved:
(a) the assessment of 21 places with a view to making recommendations
in relation to their identification as places of local heritage value;
(b) the review of 41 places previously assessed and recommended for
listing in the Hindmarsh Heritage Study 1985 and with a view to
making recommendations in relation to their identification as places
of local heritage value;
(c) the review of 66 places identified in the Woodville Heritage Study
1994 as Places of Local Heritage, but not included in the
Development Plan, with a view to making recommendations for their
inclusion in the Development Plan;
(d) the review of the current listing of 8 Local Heritage Places in the City
of Charles Sturt Development Plan;
(cid:120) identification of existing Development Plan content that requires updating in
respect to the established Historic Conservation Area, and listings of State
Heritage Places, Local Heritage Places and Contributory Items;
iii
(cid:120) consideration of relevant policy documents including The Planning Bulletin–
Heritage jointly produced by Planning SA and Heritage SA;
(cid:120) through consultation with the Department of Planning and Local
Government (DPLG) and Heritage SA, consideration of this DPA’s
relationship to the Better Development Plans initiative, in which the
Development Plan is now expressed, and other emerging aspects of
preferred practice for Heritage DPAs, such as the formatting of tables and
the geographic identification of items for entry into DPLG’s GIS database;
and
(Note: The City of Charles Sturt has completed the conversion of its
Development Plan to a Better Development Plans format as a dedicated
exercise separate to this Development Plan Amendment.)
(cid:120) consultation with the following interest groups during the course of
investigations:
(cid:16) National Trust of SA
(cid:16) Woodville Historical Society
(cid:16) Henley and Grange Historical Society
(cid:16) Hindmarsh Historical Society.
The Statement of Intent was approved by the Minister on 20 October 2005. The
approval included certain advice on procedural and other matters and included a
condition that required consultation with the Transport Services Division of the
Department for Transport, Energy and Infrastructure (DTEI) during the
investigation’s stage of the DPA with regard to the proposed South Road Upgrade
Project. Other than this, the Approved Statement of Intent has not modified the
relevant issues, regional policy understanding or investigation methodology as
outlined by the Council
Discussions have taken place with the Transport Services Division in the
preparation of the draft Plan Amendment Report and the concern of the Division
that the design of the South Road Upgrade Project may require the demolition of
the dwelling at 136 South Road Croydon, which is recommended for listing as a
Local Heritage Place. By letter of 19 September 2006, the Department for
Transport, Energy and Infrastructure, Transport Services Division have requested
that the listing of this property not proceed. As an alternative, a Principle of
Development Control has been proposed, which provides for demolition of local
Heritage Places required to implement the South Port Road underpass, should this
be necessary.
iv
Further assessment of 16 items, including 13 assessed by Ms Robyn Taylor, was
undertaken by Mr Simon Weidenhofer, and 2 other items identified during the
investigations were assessed by Ms Carolyn Wigg. A further item has been
identified and was assessed by Ms Kate McDougall. Three further items have
been investigated by Pippa Buckberry from Flightpath Heritage and Architectural
consultants. These have been added to the heritage review and findings in section
1.4.
The opportunity is also being taken in this DPA to rationalise the public notification
provisions in relation to demolition of Local Heritage Places, which are currently
inappropriate.
The issues and investigations agreed to in the Statement of Intent have been
undertaken or addressed.
AREA(S)/LAND AFFECTED
The area affected by the Development Plan amendments proposed by this DPA
extends across the whole of the City of Charles Sturt, but only in the form of
scattered properties that have been subject to heritage review. This includes
additional local heritage places recommended for inclusion in the Development
Plan, some existing listed local heritage places that are recommended for removal
from the Development Plan, and some adjustment to the range and descriptions of
contributory items in the existing Residential Character Zone. Individual properties
that are the subject of proposed changes are listed in the Analysis and the
Amendment section of this Development Plan Amendment.
v
PROPOSED POLICY CHANGE(S)
The DPA proposes the following changes:
In brief, the intent of the proposed amendments is to achieve:
(a) The protection of all eligible Local Heritage Places that, in some
instances, were identified by previous heritage surveys but were not
successfully carried through to Development Plan listing.
(b) Some adjustment to the list of Contributory Items relating to the existing
Historic (Conservation) Zones and Policy Areas to correct errors, add
descriptions of fencing and walls, and acknowledge demolitions;
(c) The updating of property identifiers and the formatting of tables and
related detail for State Heritage Places, Local Heritage Places and
Contributory Items listed in the Development Plan; and
(d) Rationalisation of public notification for Development Applications
affecting contributory items and non-contributory items.
The policy changes proposed by this Development Plan Amendment are
summarised as follows:
(a) The listing of (73) additional Local Heritage Places in the Development
Plan;
(b) The listing of (40) existing Contributory Items as Local Heritage Places;
(c) The removal of (8) currently listed Local Heritage Places;
(d) The deletion of (56) Contributory Items;
(e) The change to the description of (166) Contributory Items;
(f) Demolition of a Contributory Item being designated as Category 2 in lieu
of Category 3 and non-Contributory Items being designated as Category 1
in lieu of Category 3.
vi
LEGAL REQUIREMENTS
Prior to the preparation of this DPA, council received advice from a person or
persons holding prescribed qualifications pursuant to Section 101 of the
Development Act 1993.
In the preparation of this Development Plan Amendment, Council has received
professional advice on planning matters from Mr Jim Gronthos of the City of
Charles Sturt. Mr Gronthos has the prescribed qualifications pursuant to Section
101 of the Development Act, 1993 and Development Regulation 86 (3).
Advice on proposed / reviewed local heritage places, having regard to the relevant
criteria contained in section 23(4) of the Development Act, 1993, has been
provided by Ms Robyn Taylor, Ms Carolyn Wigg, Mr Simon Weidenhofer, Ms Pippa
Buckberry who are experienced and qualified architectural, heritage (and in the
case of Ms Taylor) planning consultants in addition to Dr Peter Bell who is an
experienced and qualified Consulting Historian.
The DPA has assessed the extent to which the proposed amendment:
(cid:120) accords with the Planning Strategy
(cid:120) accords with other parts of Council’s Development Plan
(cid:120) complements the policies in Development Plans for adjoining areas
(cid:120) satisfies the requirements prescribed by the Regulations.
vii