City of Charles Sturt TO: I 1. DAP Report 7/11/12 Development Assessment Panel FROM: Manager Planning and Development DATE: 7 November 2012 WOODVILLE WARD ITEM 3.41* LOT 1008, 615 TORRENS ROAD ST CIAIR Applicant Coles Group Property Developments Application No 252/1544/12 Proposal Internally illuminated free-standing sign (6m high & 13.38m 2 associated with an approved supermarket (Non-complying) ) Owner of land Coles Group Property Developments Zone Residential Zone - Policy Area 22 - Cheltenham Park Form of assessment . Non complying Public notification category Category 3 Representations 2 representation received, 1 to be heard 1. Mr Trevor White, 2 Airdrie Avenue, Seaton Coles Group Property Developments will speak in support of the proposal. Agency consultations Department of Planning Transport and Infrastructure (D PTI) Author Rachael Finn - Development Officer (Planning) Attachments a. Development Plan Provisions Table b. Application documents C. Representations/Applicants response d. Agency comments Development Plan 5 July 2012 Recommendation Approval with Conditions City of Charles Sturt 2. DAP Report 7/11/12 Report Background A mixed use development, Development Application Number 252/1623/11, for a shopping centre comprising a supermarket, speciality shops, office including associated carparking and landscaping and two two-way access point onto Cheltenham Parade was approved at the Development Assessment Panel on 2 November 2011. A composition of the proposed development includes: • a supermarket comprising 3500m2, with 150m2 of directly attributable loading dock area; • specialty retail shops of 1,437m2; • office space of 1629m2; • an at grade car park comprising 224 spaces; and • a roof deck carpark comprising 98 spaces. • The proposed sign is proposed to identify the mixed use development which is currently under construction on the site. The sign was originally proposed to have a height of 6.5m with an overall fascia signage area of 21.98m 2, however in response to representations the height has been reduced to 6m and the fascia area to 13.38m 2 . Proposal The proposal includes the erection of a dual sided freestanding pylon sign located at the north western corner of the site which is to house an approved mixed use development. The sign is proposed to have a height of 6m with an overall fascia signage area of 13.38m 2 . It will contain identification for Coles, the St Clair village in general and provides a panel for small tenancy identification. The sign will be internally illuminated in accordance with Coles standard lux rating. Site/Locality The subject site is located within the Residential Zone; Cheltenham Park Policy Area 22. The broader development site forms part of the former Cheltenham Park Racecourse. The development site area comprises 1.574ha of land on which a Coles supermarket and speciality shops are currently being constructed. The subject site is a level allotment and lacks vegetation except for two regulated trees to the west of the development site (within the Council reserve). These trees will not be impacted by the proposed development and will be retained. Cheltenham Parade abuts the site to the west and vacant land adjoins to the north and east. To the south of the site, beyond the proposed greenway and the railway corridor, is an industrial estate primarily used for manufacturing and warehousing. Beyond Cheltenham Parade to the west are established residential properties of relatively low densities exist. City of Charles Sturt 3. DAP Report 7/11/12 Site and Locality Plan • k • '. •P' - or ? I' S. : Sul 40 E) Subject Site shown in blue and Locality in red City of Charles Sturt 4. DAP Report 7/11/12 Summary of Representations and Applicants Response Representations The proposal underwent the Category 3 Public Notification process from which the following representations were received: 1.* Mr Trevor White, 2 Airdrie Ave Seaton SA 5023 2. Mr David Mortimer, 8 Whitney St, Cheltenham SA 5014 The representor marked with an * wishes to be heard in support of their representation. Category 3 public notification provides representors with a right of appeal to the EnvironmentResources and Development Court should they be aggrieved by the decision of Council. Copies of the representations and the applicant's response are attached (Attachment Q. Representors issue Applicant's response • The positioning, size, height and illumination of the planned Coles pylon will be unnecessarily visually intrusive, The applicant has responded to concerns regarding the size of the sign by reducing its size. The size of the proposed pylon sign would be appropriate for a major shopping complex. The revised proposal drawings include the following amendments: & • • • - The "t bar" form of the pylon sign is a major departure from the advertising restraint imposed for the policy area. The proposed height is a major impact on the amenity of existing properties on the western side of Cheltenham Parade and will exhibit an overbearing presence to these existing residences that will be screened from view of the new residential areas within the St Clair development, A reduction in the height from 6500mm to 6000mm A reduction in the width of the main body from 3500mm to 1800mm and a corresponding reduction in the overall size of the pylon sign from 21.98m 2 to 13.38m 2 . A reduction in the size of the illuminated sign panels from 3.4m 2 (Coles) and 2.5m 2 (specialty stores) to 2.04m 2 and 1.56m 2 respectively. • The closure of the lower section of the pylon sign poses a surveillance and security risk area. The revised proposal is a significant reduction in the size of the pylon sign and a corresponding significant reduction in the visual impact of the pylon sign on the locality. • The location of the pylon sign at the distant perimeter of the parking area is not directionally appropriate for south bound traffic on that road. Continuous illumination from a sign for a facility not open continuously does not conform to Council's energy use On the approved shopping centre plans and the pylon sign application plans, there is direct (in only) access to the Shopping Centre car park from Cheltenham Parade. The proposed pylon sign informs southbound traffic on Cheltenham Parade • City of Charles Sturt Representors issue minimisation policy, • That if the sign is approved it should be combined with the proposed vodaphone tower. DAP Report 7/11/12 Applicant's response of the presence of the Coles shopping centre and is also an indicator for the entry to the car park. The proposed sign is setback a distance of 23m from the road verge and is separated from the dwellings adjacent west by substantial landscaping and a footpath, four vehicle carriage ways, a median strip and a further verge and footpath on the opposite side of the road. The total distance of separation resulting from this spatial separation is some 44m from the properties to the west. The Vodafone tower application has been submitted by a different applicant, is located on a different parcel of land some 450m away from the subject land and has no association whatsoever with the proposed development. Officer's response Given that Council's Development Assessment Panel has approved a supermarket and speciality shops with a total gross floor area close to 5000m 2 signage of this size is considered a reasonable accompaniment to the proposed development. The signage is not uncharacteristic in the locality with other signage of a similar size further south along Cheltenham Road. The illumination is considered reasonable, no issues have been raised by DPTI and it is typical for illuminated signage for development of this type to operate outside of hours of business and this is considered acceptable. The changes to the proposal, including reduction of the height and the signage area are considered an appropriate compromise. , Other than being located on the former Cheltenham Racecourse no significant relationship exists between the Vodafone tower application, already considered by Council's Development Assessment Panel, which has a different applicant and is located on a different parcel of land. Furthermore adding the Vodafone tower to the signage would increase the visual impact of the signage and would not address the issues associated with locating the telecommunications tower. City of Charles Sturt 6. DAP Report 7/11/12 Agency Consultation Agency Response DPTI DPTI have advised that they do not object to the proposal and have advised that the following conditions be attached to the should Council resolve to approve the application: 1. The proposed illuminated sign may use LED lighting for internal illumination of a light box only. 2. No element of LED or LCD display is to be included in the design of the sign. 3. The illuminated sign shall be limited to a low level of illumination so as to minimise distraction to motorists. 4. The sign shall not contain any element that flashes, scrolls, moves or changes. 5. The utilisation of Trailer Mounted Variable Message Displays for advertising purposes shall not be permitted on or adjacent to the subject land. Note: Condition 5 has not been included in the recommendation as it does not relate to proposed development A copy of the Agency response(s) is attached (Attachment D). Development Assessment The application is a non-complying form of development and Council has resolved to proceed with an assessment under 17(3) (b) of the Development Regulations 2008. Subsequently a Statement of Effect has been provided and public notification has occurred. The. Development Act 1993 provides that a Planning Authority is to have regard to the relevant provisions of the Development Plan in assessing development proposals. In the event that the Development Assessment Panel resolves to approve the application, by virtue of its non-complying status, the concurrence of the Development Assessment Commission is required before approval is granted. City of Charles Sturt 7. DAP Report 7/11/12 It is noted that should the Development Assessment Panel refuse a non-complying application, there is no right of appeal, by the applicant, to the Environment Resources and Development Court. Similarly, in the event that the Development Assessment Commission resolves to NOT grant concurrence, no right of appeal exists. Attachment A contains a comprehensive list of all Development Plan provisions considered relevant to the proposal. A comprehensive assessment against the relevant provisions of the Development Plan has been undertaken within Attachment A. Where compliance with a particular Development Plan provision requires further discussion, it has been outlined in further detail below. Land Use The content of the advertising display directly relates to the intended use of the land and will be associated with the mixed use development currently under construction on the site. More specifically, the purpose of the sign is to provide identification for the St Clair Village and Coles supermarket. Although the original application for the mixed use development did not include any form of freestanding signs, it is generally expected that such a centre would naturally require complementary signage for the purposes of identification. The use of the land and the nature of the proposal are considered appropriate. Therefore, any matters relating to land use are not the primary concern. The matter then is whether or not the sign is appropriate in terms of its design elements such as height, location and content. On this basis, the sign is considered an appropriate land use and will be ancillary to the approved commercial use of the land. Visual Appearance/Built Form/Landscaping The proposed sign has been greatly reduced in size from the original application submitted to Council as a result of representations received in response to Public Notification. The size of the sign is consistent with a number of billboard and freestanding signs within the locality specifically on Cheltenham Parade adjacent the railway line and towards Port Road (Bunnings and Harvey Norman), which are of a size similar or larger than the signs proposed. The design of the sign is coordinated with a subtle colour scheme which is complimentary to other existing signs in the locality. Whilst the sign will be visible from a number of residential properties and Cheltenham Parade, it is not considered unreasonable given the content and the locality within which it is to be located. The sign is simple in its content and relates directly to the commercial use of the land and is considered to not create clutter or obscure views of the existing landscape. City of Charles Sturt 8. DAP Report 7/11/12 The sign itself is to be set back approximately 5 metres from the Cheltenham Parade boundary and will have a north south orientation. Given the established nature of the arterial road and the existing advertisements within the locality associated with industrial and commercial land uses, it is considered that the scale of the sign will not disfigure the landscape and is considered appropriate. As mentioned previously the illumination of the sign will be at a lux level consistent with Coles national standards to ensure no significant distraction to passing vehicles occurs. The proposed sign has been located within the perimeter of the subject land, thus eliminating the potential to obscure the views of drivers of people utilising the adjacent roadways and paths. DPTI have further required restrictions of lamination which ensure both drivers of vehicles and occupiers of neighbouring properties are not unreasonably impacted. The sign is considered appropriate in terms of visual appearance and amenity and satisfies the relevant provisions of the Development Plan. It is considered that there will be no unreasonable impact on the amenity of the locality. Environmentally Sensitive Design One representor has indicated that the continuous illumination from the sign does not conform to Council's energy use minimisation policy. However by their very nature identification signs serve a purpose of identification which extends beyond just hours of operation. As such the continuous illumination is considered acceptable in this instance. Traffic Management and Parking The sign is contained entirely within the site boundaries and set well back from the road carriageways. Whilst the sign will be noticeable, it will not form a dominant element in the landscape and will not detract from the established streetscape character and will satisfy the relevant provisions of the Development Plan with respect to traffic. The application was referred to the Department of Planning, Transport and Infrastructure (DPTI) who have indicated that they do not object to the sign subject to conditions that restricts illumination, content and animation. With respect to traffic safety issues associated with the sign it is considered that it is located a suitable distance away from oncoming traffic signals and its design is such that it will not be misconstrued as a part of the functioning road infrastructure. This view is supported by DPTI in their comments provided to Council. Crime Prevention One of the representors has raised the concern that the solid nature of the lower section of the pylon sign poses a surveillance and security risk area; however they have not clarified how this is achieved. City of Charles Sturt 9. DAP Report 7/11/12 It is considered that the location of the sign along Cheltenham Parade, which provides good surveillance together with the illumination of the sign, would tend to deter persons from using it as a place of concealment. Further, the sign does not obscure vehicles or persons entering or leaving their cars from within the carpark itself. A condition relating to removal of any graffiti would be appropriate given the solid nature of the lower section of the sign however there are not crime prevention issues with the proposed sign. Conclusion This application has been assessed against the Charles Sturt Development Plan dated 5 July 2012. Notwithstanding its non-complying nature, the proposed development manages to address key objectives for the zone and precinct. Given that the St Clair Village has been granted approval, it is reasonable to assume that the centre would require some form of identification for the occupants of the centre. The sign does not encompass any third party advertising and is purely designed for identification purposes. In relation to its location it is well placed to perform its function of identification to road users without impacting on traffic flow or interfering with traffic or railway signals. The reduction in overall dimensions, adequately addresses concerns regarding its size and impact on adjacent residential properties. The form of development is sensitive to surrounding land uses and will not detrimentally affect the amenity of the locality and therefore warrants the consent of Council. Recommendation A. The Panel has read and considered the report prepared by the Development Officer (Planning) dated 7 November 2012 and agrees with the assessment outlined in that report. B. That pursuant to Section 35(2) of the Development Act 1993, The Development Assessment Panel determine that the proposed development in development number 252/1544/12 is not seriously at variance with the relevant provisions of the Charles Sturt (City) Development Plan dated 5 July 2012. C. That pursuant to Section 33 of the Development Act, 1993, Development Application Number 252/1544/12 be GRANTED Development Plan Consent, subject to the concurrence of the Development Assessment Commission, and subject to the following conditions. City of Charles Sturt 1. 10. DAP Report 7/11/12 Develop in accordance with the approved plans That the proposal shall be developed in accordance with the details and approved plans stamped by Council except where varied by the conditions herein and shall be completed prior to occupation of the proposed development. Reason: 2. To ensure the development proceeds in an orderly manner. Signs in good repair That the sign fascia, written elements and the supporting structure shall be maintained in good repair at all times. Any type of graffiti which occurs on the sign should be removed within 7 days of its occurrence. Reason: 3. To preserve the amenity of the locality. Signs to be erected within site boundary The proposed sign and supporting structure shall be constructed wholly on the subject site and no part shall extend beyond the property's boundary. Reason: 4. To ensure the development proceeds in an orderly manner. Illumination of Signs That the illuminated sign shall be of a light intensity so as to not cause a light overspill nuisance to adjacent occupiers, or cause a distraction to drivers on adjacent public roads Reason: 5. To preserve the amenity of the locality. Department of Planning, Transport and Infrastructure (DPTI) Conditions: 1. The proposed illuminated sign may use LED lighting for internal illumination of the light box only. 2. No element of LED or LCD display is to be included in the design of the sign. 3. The illuminated sign shall be limited to a low level of illumination so as to minimise distraction to motorists. 4. The sign shall not contain any element that flashes, scrolls, moves or changes. City of Charles Sturt 6. 11. DAP Report 7/11/12 Graffiti Removal That any type of graffiti which occurs on the sign shall be removed within 7 days of its occurrence. Reason: To preserve the amenity of the locality. Notes 1. Stamped documentation pertaining to this Provisional Development Plan Consent has been enclosed. Please ensure that this documentation including the above conditions, if any, are sighted by whoever is preparing the working drawings for the Development Approval. This will ensure that there is consistency between the documentation submitted for both Planning and Building Consents, and will avoid delays in obtaining Development Approval. 2. Before proceeding with this proposal, you are required to seek Building Rules Consent pursuant to the provisions of the Development Act, 1993. 3. 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 the activities on the site, including during construction, do not pollute the environment in a way which causes or may cause environmental harm. This includes being mindful of and minimising off site noise, dust and vibration impacts associated with development. Construction noise can cause nuisance to nearby residents and therefore activities which include the operation of machinery need to be restricted to between 7.00am and 7.00pm Monday to Saturday and if necessary on Sunday between 9.00am and 7.00pm to minimise potential for noise complaints. Construction must be undertaken in accordance with Division 1 of Part 6 of the Environment Protection (noise) Policy 2007 at all times. Heavy vehicles accessing the site should avoid residential streets wherever possible. 4. The utilisation of Trailer Mounted Variable Message Displays for advertising purposes shall not be permitted on or adjacent to the subject land. Development Plan Provisions - Consolidated 5 July 2012 Land Use Residential Zone Policy Area 22 Cheltenham Park - Desired Character This policy area is a residential infill site, formerly occupied by the Cheltenham Racecourse, located within close proximity of the Woodville District Centre, Woodville High School, St Clair Oval and Recreation Centre and the Woodville Railway Station. The policy area will be developed in accordance with the Concept Plan Map ChSt/18 Cheltenham Park and Woodville Medium Density and comprise a broad range of dwelling types, including medium to high density hOusing, and areas of open space. It is also envisaged that the policy area will include a mixed use development precinct integrated with a passenger rail transit station. A total of 35 per cent of the policy area (excluding the railway corridor), which is in excess of 17 hectares, will be retained for open space, with at least 11 hectares located in one or two parcels. The area of open space will incorporate: (a) a range of recreation and sporting activities of both a passive and active nature (b) stormwater management areas in the form of wetlands, creek lines and permanent water bodies, including an aquifer storage and recovery system (c) an east-west linear open space corridor, linking the policy area to Woodville Road (d) north-south open space corridors linking Torrens Road to the Railway reserve (e) smaller parks providing local open space needs, and an attractive setting for higher density housing forms and any buffer requirements (f) water sensitive urban design features and sustainable landscapes to enhance biodiversity. Open space provided in the form of reserves (excluding roads, road verges, buffer areas, and entrances and similar components) will not only help provide an attractive focal point and setting for high density dwellings in the policy area, particularly taller buildings, but also encourage a sense of place for residents and visitors. O = Objective PDC = Principle of Development Control See discussion in body of the report. * Development Plan Provisions Land Use - Consolidated 5 July 2012 Residential Zone Policy Area 22 Cheltenham Park Desired Character This policy area is a residential infill site, formerly occupied by the Cheltenham Racecourse, located within close proximity of the Woodville District Centre, Woodville High School, St Clair Oval and Recreation Centre and the Woodville Railway Station. The policy area will be developed in accordance with the Concept P/On Map ChSt/18 Cheltenham Park and Woodville Medium Density and comprise a broad range of dwelling types, including medium to high density housing, and areas of open space. It is also envisaged that the policy area will include a mixed use development precinct integrated with a passenger rail transit station. - - A total of 35 per cent of the policy area (excluding the railway corridor), which is in excess of 17 hectares, will be retained for open space, with at least 11 hectares located in one or two parcels. The area of open space will incorporate: (a) a range of recreation and sporting activities of both a passive and active nature (b) stormwater management areas in the form of wetlands, creek lines and permanent water bodies, including an aquifer storage and recovery system (c) an east-west linear open space corridor, linking the policy area to Woodville Road (d) north-south open space corridors linking Torrens Road to the Railway reserve (e) smaller parks providing local open space needs, and an attractive setting for higher density housing forms and any buffer requirements (f) water sensitive urban design features and sustainable landscapes to enhance biodiversity. Open space provided in the form of reserves (excluding roads, road verges, buffer areas, and entrances and similar components) will not only help provide an attractive focal point and setting for high density dwellings in the policy area, particularly taller buildings, but also encourage a sense of place for residents and visitors. O = Objective PDC = Principle of Development Control See discussion in body of the report. All open space areas will support a network of pedestrian and bicycle paths located throughout the site to facilitate access and linkages with adjacent facilities; public transport services and areas. It is important that the amount of useable space available for the public is maximised, the amount of land used for ornamental purposes such as landscape and entrance statements is thinimised and that it is accessible to all ages and those with disabilities, and are located and designed to encourage new and existing residential comm unities to gather. Land division must be planned to support open space and movement networks. The movement networks and development configuration are to be based on a modified grid pattern to achieve good interconnectivity and will: (a) connect key areas of open space within the policy area (b) establish links with open space, pedestrian and bicycle paths, and to services and facilities such as schools, shopping precincts, community establishments and health services in neighbouring suburbs (c) provide easy access to public transport routes (d) ensure bicycle/pedestrian pathways are designed and landscaped so as to be easily identifiable, accessible and safe (e) minimise potential conflicts between vehicular traffic and bicycle/pedestrian pathways (f) reduce potential vehicular traffic intrusion into adjoining residential neighbourhoods (g) facilitate major neighbourhood entry and exit points at Torrens Road and Cheltenham Parade. It is expected that the public road system will mostly encircle reserves and open space areas. Allotments with a direct frontage to a public reserve and open space is envisaged provided rear vehicular access is available to the allotments. In addition, where an allotment immediately adjoins public open space, clear, safe and efficient pedestrian and bicycle access will be provided on the open space land, along with adequate visitor parking. O = Objective PDC = Principle of Development Control The policy area will be characterised by an integrated residential subdivision offering a wide range of housing types, with multi-storey, medium to high density housing forms comprising semi-detached and row dwellings and residential flat buildings, with an overall density of at least 20 dwellingi per hectare achieved. Medium to high density housing will dominate areas of high public amenity including locations adjacent to major open spaces, public transport routes, local shops and public facilities, and within the southern part of the site in order to: (a) provide an aesthetically pleasant setting for those dwellings (b) ensure residents with reduced private open space areas have easy access to public reserves (c) facilitate access to services and facilities for a greater number of people (d) provide a sense of space for residents (e) improve opportunities for passive energy conservation in buildings (f) facilitate passive surveillance of adjacent reserves and corridors (g) reduce potential for overshadowing and overlooking of any adjacent lower level residential development and private open space areas (h) encourage public transport use, cycling and walking. Areas of medium to high density development will be supported by a subdivision layout that demonstrates a capacity to accommodate multi-storey buildings to maximise the number of households taking advantage of the site's attributes, the delivery of affordable and social housing products, and access to smaller household formations. At least 15 per cent of the housing developed within the policy area will be for affordable and high needs housing. The built form character will be established through appropriate design, including interesting roof forms such as high pitches and parapets, high ceilings, building articulation, recessed vehicle garaging, and appropriate landscaping. The siting and design of buildings needs to also promote cohesive streetscapes whilst allowing for variety in housing form and style. This can be achieved through attention to scale and O = Objective PDC = Principle of Development Control 3 bulk of buildings relative to one another and to the allotment size and to the way in which buildings address the street frontage (both street frontages in the case of corner allotments). While front fencing and landscaping (or a combination of these elements) will provide delineation between public and private spaces, the inclusion of front verandahs and low front fencing will also be encouraged to promote street interaction and activity, to provide for a safe environment through passive surveillance and to emphasise thermal efficiency. The use of iconic built form and scale will be considered to emphasise major arrival focus points, accentuate key corners and terminate vistas. The development of the policy area will also recognise the former uses of the land, which could include the reuse of the racecourse entry gates off Cheltenham Parade in the design of open space or as an entry statement to residential areas. Non-residential land uses such as a small supermarket and specialty shops, health and community facilities and other service facilities will form part of a mixed use precinct that is integrated with a new rail transit station located in the policy area, and complements higher residential densities. This mixed use precinct will cater primarily to the needs of rail commuters and residents within the policy area. Car parking areas will be shared between facilities and be provided beneath buildings. The policy area will be extensively landscaped, with high quality street planting (with species selected to be in scale with associated development) integrated with open space areas. Smaller pocket parks and landscaped buffer areas will be located within the residential areas, with adjoining housing developed with reduced setbacks. Paved areas within public view are to be softened with the use of landscaping. Development is to contribute to a cohesive extension of the urban form, emphasis O = Objective PDC = Principle of Development Control both visual and physical connectivity through road and pedestrian/cycle networks anda high quality public environment that is designed to facilitate: (a) access to a new railway station developed in the policy area or to nearby Woodville Railway Station (b) pedestrian and bicycle movements between the policy area and nearby residential neighbourhoods (c) access to public recreation areas, public transport nodes and local shopping and community facilities. Areas adjacent to the policy area include residential and non-residential activities. Development within the policy area will: (a) create an appropriate transition between established low rise residences adjacent to the Policy Area and higher level development internal to it (b) acknowledge and respond to the activity and function of existing and adjoining non residential land uses through solutions that mitigate adverse impacts without affecting the long term viability of those uses, whilst allowing for future changes in use (c) emphasise links and connectivity with existing local facilities such as St Clair Oval and Recreation Centre, Woodville High School, Woodville District Centre, potential future development of adjoining sites. Housing and other sensitive uses need to be sited and designed to mitigate potential noise impacts from nearby non-residential activities and from major traffic routes and the rail line. This may be achieved through the adoption of solid, freestanding acoustic barriers, vegetated mounds and the orientation of dwellings. However, freestanding acoustic barriers will not be located where they would compromise connectivity with nearby residential areas. Residential Zone 08 Development that contributes to the desired character of the policy area. O = Objective PDC = Principle of Development Control The proposal is considered a reasonable addition to the small supermarket and speciality shops described in the desired PDC 1 Development should not be undertaken unless it is consistent with the desired character for the policy area. PDC 3 General Section 01 - Development should comprise: (a) a wide range of dwelling types at a range of densities, with a minimum 15 per cent of residential dwellings being for affordable housing including 5 per cent for high needs housing (b) open space and associated facilities comprising at least 35 per cent (17.1 hectares) of the entire po!icy area (excluding the rail corridor), with a minimum of 11 hectares being accommodated in no more than two parcels one of which is to be located at the corner of Torrens Road and Cheltenham Parade (c) areas for the management of stormwater in the form of wetlands and stormwater reuse (including an aquifer storage and recovery system) (d) a licensed community sport and recreation club adjacent Torrens Road or Cheltenham Parade (e) an area dedicated for mixed use development located adjacent to, and integrated, with a passenger rail transit station which should incorporate: (i) retail development including a supermarket and specialty shops provided the gross leasable floor area does not exceed 5000 square metres (ii) health care and community facilities, offices and other employment generating activities (iii) higher density residential development consisting of apartments, multi-storey aged persons accommodation and 'shop-top' housing (iv) shared vehicle parking opportunities provided primarily beneath the buildings with access that minimises the potential for conflicts with pedestrians and cyclists. Advertisements Urban and rural landscapes that are not disfigured by advertisements and/or advertising hoardings. O = Objective PDC = Principle of Development Control character statement. The proposal is considered a reasonable addition to the small supermarket and speciality shops described in the desired character statement. The proposal is considered a reasonable addition to the small supermarket and speciality shops described in this provision. Complies only one freestanding sign is proposed. - PDC 2 The location, siting, design, materials, size, and shape of advertisements and/or advertising hoardings should be: (a) consistent with the predominant character of the urban or rural landscape (b) in harmony with any buildings or sites of historic significance or heritage value in the area (c) coordinated with and complement the architectural form and design of the building they are to be located on. Complies PDC 3 The number of advertisements and/or advertising hoardings associated with a development should be minimised to avoid: (a) clutter (b) disorder (c) untidiness of buildings and their surrounds (d) driver distraction. Complies only one freestanding sign is proposed. PDC 4 Buildings occupied by a number of tenants should exhibit coordinated and complementary advertisements and/or advertising hoardings to identify the tenants and their type of business, PDC 5 The content of advertisements should be limited to information relating to the legitimate use of the associated land. Attached signage for the supermarket and speciality shops has already been approved. Complies. PDC 6 Advertisements and/or advertising hoardings should: (a) be completely contained within the boundaries of the subject allotment (b) be sited to avoid damage to, or pruning or lopping of, on-site landscaping or street trees (c) not obscure views to vistas or objects of high amenity value. Complies. PDC 11 Advertisements should convey the owner/occupier and/or generic type of business, merchandise or services using simple, clear and concise language, symbols, print style and layout and a small number of colours. Complies. PDC 13 Advertisements and/or advertising hoardings should not create a hazard by: (a) being so highly illuminated as to cause discomfort to an approaching driver, or to create difficulty in the driver's perception of the road or persons or objects on the road (b) being liable to interpretation by drivers as an official traffic sign, or convey to drivers Addressed in body of report. O = Objective PDC = Principle of Development Control - see body of report. information that might be confused with instructions given by traffic signals or other control devices, or impair the conspicuous nature of traffic signs or signals (c) distracting drivers from the primary driving task at a location especially where the demands on driver concentration are high (d) obscuring a driver's view of other road or rail vehicles at/or approaching level crossings, or of pedestrians or of features of the road hat are potentially hazardous (eg junctions, bends, changes in width, traffic control devices). Any internally illuminated advertising signs and/or advertising hoardings which utilise LED, LCD or other similar technologies should be located a minimum of 80 metres from traffic signals, level crossings and other important traffic control devices. PDC 14 Addressed in body of report. PDC 15 Freestanding advertisements and/or advertising hoardings should be: (a) limited to only one primary advertisement per site or complex (b) of a scale and size in keeping with the desired character of the locality and compatible with the development on the site. Complies. PDC 16 Complies. - Freestanding advertisements and/or advertising hoardings for multiple-business tenancy complexes should: (a) incorporate the name or nature of each business or activity within the site or complex in a single advertisement (b) be integrally designed and mounted below the more predominant main complex or site identity advertisement. Energy Efficiency See body of report. - Development designed and sited to conserve energy and minimise waste. Crime Prevention General Section 01 General Section 01 PDC 1 A safe, secure, crime resistant environment where land uses are integrated and designed to facilitate community surveillance. See body of report. Development should be designed to maximise surveillance of public spaces through the incorporation of clear lines of sight, appropriate lighting and the use of visible permeable barriers wherever practicable. See body of report. O = Objective PDC = Principle of Development Control City of Charles Sturt 13. DAP Report 7/11/12 ATTACHMENT B [Attachment B consists of 14 pages] I DEVELOPMENT APPLICATION FORM FOR OFFICE USE 2 Development No: City of Charles Sturt COUNCIL: 2IS LI: ( I 2_- Previous Development No: APPLICANT: Coles Group Property Developments r,4 ) Assessment No: c/- Hames Sharley 1 , 0 Gompl,ing Application forwarded to DA 0 Non complying Commission/Counóil on: Level 15, 19 Grenfell Street, Adelaide 5000 OWNER: Coles Group Property Developments Postal Address: nla BUILDER: Postal Address: - Licence No: 1 0 NotifIcation Cat 2 0 Notification Cat 3 Decision: 0 Referrals/Concurrences Type: 0 DA Commission Date: Decision CONTACT PERSON FOR FURTHER INFORMATION Receipt No Fees required Hames Sharley Planning: Level 15, 19 Grenfell Street, Adelaide 5000 Building: Name: Mr. Anthony Gatti Land Division: Telephone: 8112 3400 Additional: Fax: Development Approval: 81123499 EXISTING USE: Vacant Allotment DESCRIPTION OF PROPOSED DEVELOPMENT: Pylon sign, ancilliary to approved shopping centre LOCATION OF PROPOSED DEVELOPMENT: Street: Cheltenham Road Town/Suburb: Cheltenham Section No (full/part): House No: Lot No: 1008 Hundred: Volume: 6072 Site Area (m 2 15730 Reserve Area (m 2 ): Yatala ) Number of additional allotments (excluding road and reserve): BUILDING RULES CLASSIFICATION SOUGHT: No of existing allotments: 1 Lease nla If Class 5, 6, 7, 8 or9 classification is sought, state the proposed number of employees: Folio: 952 YESO NOD Presentation classification: Male: Female: If Class 9a classification is sought, state the number of persons for wtrom accommodation is provided: If Class 9b classification is sought, state the proposed number ofoccupants of the various spaces at the premises: DOES EITHER SCHEDULE 21 OR 22 OF THE DEVELOPMENT REGULATIONS 2008 APPLY? YESO NOD HAS THE CONSTRUCTION INDUSTRY TRAINING FUND ACT 1993 LEVY BEEN PAID: YESO NOD DEVELOPMENT COST (do not include any fit out costs): - $40,000 I acknowledge that copies of this application and supporting documentation may be provided to interested persons in accordance with the Development Regulations 1993 SIGNATURE: - Ti..t' Dated: 25/07/2012 .-.ei: ' ?lne -'ied5e '\D€i*N MIde.SOLAh AusU'a4 5000 F .6188112 3499 .,PQ Box172 A SITI A lo c s@amarleyccr CPWF' PN S't'1F * .v..w hr'w1p' ,I•1 vial CU _J 25 J.y 2L'. Racha1 F Senior PtAn'lr City of Charles 5tu P 0. Box 1 Woodville SA 5C' Em X LA Development Application Coles St Clair - Pylon Sign Dear Rachae. Introduction Hames Shartey, on behalf of Coles. are pleased to submit this development application documenting the proposed pylon sign for the approved mixed use development located within the town centre precinct of St Clair. The mixed use development (the subject of Development Applicator 25211623/11) was granted staged Development Approval on 1 May. 2011 with a copy of the Decision Notification Form attached for your consideration For your information, the operative consent pertains to built form elements including a supermarket. specialty shops and offices with associated car parking. screening elements and landscaping it should be noted that those signage elements requiring approval pursuant to the Development Act 1993 were removed from the original development application. given that they would have triggered the entirety of the proposal to be assessed as a form of noncomplying development To this end, my client now seeks approval for the associated signage required as part of the mixed use development Subiect Land The subject (and is located to the west of the St. Clair residential redevelopment site, at the junction between Cheltenham Parade and the Adelaide- Outer Harbour railway line The subiec [and is more particAarIy descnbed within the following Certficte of Title Certificate of Title 6072/952 Descripbon Parcel no 5 in p(an F131990. Hundred of Yatala The Certificate of Title ;s attached to this correspondence for your consideration The subject land comprises a total (and area of 1.5 hectares. with the approved mixed use development currently under construction The aerial photograph below depicts the vacant status of the subject land: HAMeS SMAKEY (5*) PTV LTD P \31280 -9 Cl.ir Mixed Use Precwct - P%anrun96 Ovtpjts\6 2 Repocts\Suqrage *g,p6ceio,'\51atement of E*ect - Pyton doc, r ' ,- '2 Yf%•' •.. .\.. ! •.. '.1 - • .J 4 -:'. '!___.. ''v,4 INV :. 'T &f' '. 4 • '4'. 1 " j! •- '\.. f S.. -, 4 %.. .. -. - •- Figure AeraL photograph of subject Lar'o The subject land forms an integral part of the broader St Clair development. as it will act as a site within the designated mixed use precinct The sul'ect Land currently has no dired vehicular access to Cheltenham Parade. however the land division for the mixed use precinct has been granted Development Plan consent by the City of Charles Sturt which provides for a signalised access at the intersection of Chettenham Parade and the approved yet to be constructed. St Clair Avenue The subject land is devoid of vegetation however two significant trees are located to the direct south of the site, adjacent to the railway corridor and the Teistra tower The land is relatively flat. displaying no particular fall or gradient. The locality is heavily constrained by virtue of Chettenharn Parade framing the subject land to vest and the railway corridor flanking the site to the south The broader locality consists of residential uses located to the west of Cheltenham Parade. industrial uses located to the south beyond the railway corridor, with future residential and open space land uses proposed to the direct north and east within the Cheltenhani Racecourse area The subject Land is highly accessible via the regional arterial road network, as well as the railway corridor, which incorporates a proposed new railway station at the head of the planned High Street (Post Parade) Pedestran and cclirici permeabiHty through the c' - r also a feature with a or',':. :r d': :r:p::e: '"i ".3 I,',,i: i'"' ."' .i "1" "'I" •T In 7' w Em CU' In Proposed Development The proposed development comprises a pylon sign required for the functional operation of the approved mixed use development The particular details of the proposal include: • A freestanding pylon sign located atthe northwestern corner of the site: • A total height of 6.5m in height and • A fascia signage area of 21.98n't 2 couectively (dual sided sign). Nature of Development The subject land is entirely contained within Chettenham Park Policy Area 22 of the Residential Zone wherein any development proposing advertisements having an advertisement area exceeding 2m 2 is defined as a form of non-complying development. Clearly, this proposal includes advertising which exceeds this spatial area quantum and, acccrdingly. the non.:comptying process is applicable. In this regard, I ask that Council receive this document as the Statement of Effect required by Regulation 17 of the Development Regulations, 2008. Assessment The subject land is located within the Residential Zone of the Development Plan, and more particularly located within Cheltenham Park Policy Area 22. wherein advertising signage with an advertisement area exceeding 2m 2 is classed as a form of non-complying development Accordingly. there is little to no specific design guidance contained within the local policies. There is, however, particularly relevant land use provisions within the Policy Area that provide direction as to the types of uses contemplated within the Cheltenharn Park precinct Of specific note, the mixed use precinct within the Policy Area desires a range of retail and commercial, uses. with such uses forming the basis for the current operative Development Approval (DA 252/1623/11) in effect over the subject land. These uses include a supermarket specialty shops and an office, which typically require associated signage for optimal function. In my view, the designation of advertising signage in the Cheltenharn Park Policy Area as a form of non-complying development belies the policy intent sought for the mixed use precinct Regardless of the erroneous procedural anomaly, the development of any mixed use precinct that includes the types of land uses desired, should naturally allow for complementary advertising signage, thereby providing sufficient merit, from a land use perspective, for the proposal to be allowed. The assessment of the proposaL therefore, turns on the appropriateness of the signage design. For guidance in this regard. reference can only be made to the Council Wide provisions relating to Outdoor Advertisements. The relevant provisions relating to the proposed signage are predominantly concerned with two key matters: 1. 2. the visual impact of the proposed signage: and the potential for the location and illumination of the sign to create a hazard. 11 Em , P3i280- Si Ciir Med Use Precinct - Pinnin\06 OutputsV2 ReportASiriage ApplicaboASitatement of Effect- Pyiiin doce MX 111 In response to the first matter, the signage proposed herein displays aesthetic attributes tical to that of any freestanding pylon associated with a retail development The sign exhibits materials and colours associated With Coles development nationally. The single freestanding pylon sign has been restricted to 65m in height. sitting at a height akin to that of the approved built form (ranging in height from 6m to 8rn). The height of the sign has also been sensitively designed such that it will not exhibit an overbearing presence to any adjacent sensitive use (noting that the structure will be screened from view from the new residential areas establishing within the balance of the St Clair development). note, also, that the height of the freestanding sign is similar to that of other shopping centre development that exists with the broader locality, including development upon Port Road. In this regard, it is considered that the proposal exhibits a suitable design and wilt not adversely affect the streetscape within the locality With respect to the proposed signage having the potential to create safety issues. I note that the freestanding pylon sign has been Located a suitable distance away from oncoming traffic signals, and been designed such that it will not be misconstrued as a part of the functioning road infrastructure. The illumination of the sign will be at a lux level consistent with Coles national standards to ensure no significant distraction to passing vehicles occurs. note also thatthe proposed freestanding pylon sign has been located within the perimeter of the subject land, providing significant spatial separation from Chelteriham Parade. mitigating any potenbal to obscure the views of drivers of people utilising the adjacent Greenway linear path. Economic, Social and Environmental Importance As required by Regulation 17 of the Development Regulations. 2008. the economic, social and environmental impacts of the proposed development are considered below. From an economic perspective, the establishment of the proposed signage package will assist to optirnise the function and operation of the mixed use development This wilt ensure the ongoing viability of the anchor development within the St Clair mixed use precinct, and in turn assist to underpin the establishment of, and activity within, the broader mixed use precinct, The entrenchment of the mixed use precinct also provides significant social outcomes, whereby the mix of land uses in the broader precinct will facilitate 18 hour activity over the course of the day, resulting in a sense of safety derived from passive and active surveillance. Environmentally, the proposed signage has been designed such that it will complement the built form under construction, with its illumination levels not detracting from the overall visual amenity of the locality. In a broader context the mixed use development has been designed to integrate within the overall St Clair devetopment which includes connecting to the hobstic stormwater management scheme. I1I1 !S al Conclusion It is considered that the proposed development is not at variance with the relevant provisions of the Development Plan and displays sufficient merit to warrant Development Plan consent P\31280 - St Clair Mreed Use Precuct - P'tanntn\06 Outputs\62 eeports\Signage Appbcatron\Statement of Effect- P,ton (lOCS EM (D . Lfl being granted and the subsequent concurrence of the Development Assessment Commission being sought In particular, the proposal • will assist to optimise the function and operation of the mixed use development currently under construction: • relates directly to the land uses that are desired within the mixed use precinct of Chettenharn Park Policy Area 22: • exhibits design that will ensure a complementary visual relationship with the approved development whilst also ensuring an appropriate retationship with other land uses expected to establish within the precinct: • ensures suitable identification of the mixed use development and locates the freestanding pylon sign appropriately, to mitigate the potential for adverse safety impacts. It would be appreciated if you could issue the relevant fee invoice to enable payment by my client Your prompt assessment of this application is greatly appreciated. Should you wish to discuss any matter further please contact the undersigned on 81123400 or 0402424403. Yours Sincerely HAMES SHARLEY Anthony Gatti Planning Consultant P31280. Si Ctair M<ed Use Precinct - Ptanring6 Outputs\62 Reports\Signage ApplicaboMStaterriW, of Effect Pyto4, dox • I • 72 Woodvllie Road, Woodville South Australia 5011 P0 Boxl,WoodvilleSA5011 0 1088408 1111 ( F08 84081122 charlessturt.sa.gov.au ' 05 April 2012 Coles Group Property Developments Ltd CI- Hames Sharley level 15, 19 Grenfell Street ADELAIDE SA 5000 Dear Sir/Madam Development Application No Applicant Proposal Subject Land 252/1623/11 Coles Group Property Developments Ltd STAGE I ONLY - SITE PREPARATION WORKS, FOOTINGS AND FRAMEWORK Shopping centre comprising a supermarket, speciality shops, offices including associated car parking, landscaping and a screen fence Staged approval: Stage 1: Site preparation works, footings and framework Stage 2: External architecture (facades) 1 carpark, landscaping and building services. Lot 1008 615 Torrens Road CHELTENHAM SA 5014 Lot 1008 DP 85898 Vol 6072 Fol 952 I refer to your recent application and advise that Council has 'made a decision. The Decision Notification Form outlining the decision and any conditions (where applicable) is attached. Please ensure you read all pages of the Decision Notification Form including the conditions of approval. Please note you may also require other approvals and clearances under other relevant legislation before commencing the development. In particular you are also advised to contact ETSA Utilities regarding the location of public and private electricity supply lines in relation to your proposal. You are reminded that Section 86(1)(a) of the Development Act, 1993 provides for a right of appeal to the Environment, Resources and Development Court against this decision, or the imposition of conditions attaching to the authorisation, within two months after receipt of this notice (Section 86(4) of the Act). Please note any appeal has to be lodged with the court and not with the Council. (Our Ret: 252/1623/11) • ooe • o..o .o... Q.GoG .00•OG oo, • • ,o,•o•• • GGs4••OOO .OG•OGOO. • GG•. •• Council will not act as a representative for other parties before the Court and Council Officers can only provide preliminary advice regarding the Courttms procedures. If you wish to pursue an appeal, you are strongly urged to take professional advice on the matter. For assistance in lodging an appeal, it is suggested that you contact the Court which is located in the Sir Samuel Way Building, Victoria Square, Adelaide or phone the Court on (08) 8204 0300. Should you require any clarification regarding this matter, please contact me on 8408 1139. Yours faithfully M "F511P?Ari- -14 " Kelly Mader Development Officer - Senior Planner KM:AC End Tt1e Register Search LANDS TITLES OFFICE, ADELAIDE For a Certificate of Title issued pursuant to the Real Property Act 1886 REGISTER SEARCH OF CERTIFICATE OF TITLE * VOLUME 6072 FOLIO 952 * : COST REGION : AGENT : SEARCHED $19.20 .(GST exempt ) EMAIL HASH BOX NO 000 ON 14:24:31 18/06/2012 AT PARENT TITLE : CT 6036/486 RTC 11537780 AUTHORITY 25/02/2011 DATE OF ISSUE : 2 EDITION REGISTERED PROPRIETOR IN FEE SIMPLE COLES GROUP PROPERTT DEVELOPMENTS LTD. OF 800 TOORAX ROAD HAWTHORN EAST VIe 3146 DESCRIPTION OF LAND ALLOTMENT 100$ DEPOSITED PLAN 85898 IN THE AREA NAMED CHELTENHAM HUNDRED OF TATALA EASEMENTS SUBJECT TO THE EASEMENT OVER THE LAND MARFED B TO THE MINISTER FOR INFRASTRUCTURE (P 4188633) TOGETHER WITH A FREE AND UNRESTRICTED RIGHT OF WAY OVER THE LAND MARKED C (RTC 11537780) SCHEDULE OF ENDORSEMENTS 11574425 ENCUMSRANCE TO SOUTH AUSTRALIAN JOCKEY CLUB INC. NOTATIONS DOCUMENTS AFFECTING THIS TITLE VE 11769284 UNREGISTERED REGISTRAR-GENERAL'S NOTES NIL END OF TEXT. Page 1 of 3 The Registrar-General certifies that this Title Register Search displays thèecords maintained inthe Register Book and other notations at the time of searching. Reml LANDS TITLES OFFICE ADELAIDE SOUTH AUSTRALIA DIAGRAM FOR CERTIFICATE OF TITLE VOLUME 6072 FOLIO 952 SEARCH DATE: 18/06/2012 TIME: 14:24:31 N SURVEY INFORMATION IS DERIVED FROM DEPOSITED PLAN 85896 BURtEIGH t VEI4UE 0 80 40 120 l0 200 L—LJ—LJ SCALE MtR(S VIDE FB q Cal FID Al 'V C *tf 1007 41.SSha C D4058 4 -; 1.573h ' X ' VIDE C ....084155 r97 27 FO 4. F20969S % ENLARGEMENT E2 " !!22 NOT TO SCALE _,- 1007 A8ROCA 004675 )) ViCE ENLfiT / 6• p FD FD 5N.. I r Ike- *r ir0 vo <IIJ N 0 0. co s Lu 1001 - e ENLARGEMENT El C NOT TO SCALE CD8415O Es LANDS TITLES OFFICE ADELAIDE SOUTH AUSTRALIA DIAGRAM FOR CERTIFICATE OF TITLE VOLUME 6072 FOLIO 952 SEARCH DATE: 18/06/2012 TIME: 14:24:31 .?/'• c•' • / / / z 0 0 I-, / / e4 en LLJ 3QYiVd WVI4NI[13H)1 z -. -- Page 3of3 ui IK ni i i H++ *= 4:$4t a) Co CD CO a) a) I ON GRADE CAR PARK - 0 E 6RBOUNDRV IEH .. . 1 Ij J I LJ jT UP EI1 T N L PYLON SIGN PACKAGE :7T1:h1( DA - PSOI - Rev-B - TITLE PAGE DA - PS02 - Rev-B - LOCATION PLAN DA - PS03 - Rev-B - ELEVATIONS KQ ' T14 1-15 COLES FFIC AMENDED PLAN Pylon Sign Package - Title Page ST.CLAIR MIXED USE PRECINT - COLES coles SttsjJj I 0 10 25 SOm SCALE 1.500@A1 DATE: 10110112 rev 31179 DAPS01 B ames SH1LY vwwnmesvdrIeycornu +61881123400 LOCATION OF PYLON SIGNAGE, REFER DA-PS03 FOR DETAILS PSI I SITE BOUNDARY \. NEW ENTRY( - SITE BOUNDARY • -- NEWENTRY I • EASEMENT(SHOWN DASHED) I I .UJ. I .LLL LL 1L0 CE-1, • • • ASPHALT CAR PARK 0 aaa 0 a 0 1F LEGEND PYLON SIGNAGE Car Park Plan 1 250 AMENDED PLAN Pylon Sign Package - Location Plan ST.CLAIR MIXED USE PRECINT - COLES coles 0 2 4 10 SCALE. DATE 1.250@A1 10110112 31179 rev DA P502 B ames SH1LY wwwhamesshartey.com.au +61881123400 - LIGATSOX I Tt SPECIALTY TONISICY LIGATHOX 2 IHTERPIAILY ILLUMINATED FIXXFHCE SIGABOX SIGNOOX WITH 2 PACK FINISH (TO MATCH PUS USC) Wi TH cole:hs , H H St LLUMINATF DIGITALLY PRINTED GRAPH AMENDED PLAN - ~ SIGABOX WITH 2 PACK ElMS. ITO MATCH PUS All) H G18ir Viliage 'téi T __ EOLDED4Y1IYflCM 511111 ORBTAPEANO SILICON TO INTERNAL TOPIAT SECONDARY FR.XAIEWORK SHY EXPRESS JOINS WITH SILICON BETWEEN Pylon Sign 1 20 Pylon Sign Package - ST.CLAIR MIXED USE PRECINT Elevations - COLES coles '•ili 0 200 - 2mm SCALE- 120@A1 DATE: 10110112 31179 rev DA- PSO3 B ames SH1L2Y WWlJeeh(cb+yno: a u +61 181i34QO City of Charles Stu rt 14. DAP Repo 7/11/12 ATTACHMENT C [Attachment C consists of 7 pages] Rachael Finn From: -david mortirner [dpbm58@hotmail.con-iF - Sent: Friday, 21 September 2012 12:02 AM To: Rachael Finn Cc: trevorwhite home; carol2 faulkner Subject: Coles Advertising Pylon & sign - Submission re DA number 252/1544/12 - objection Dear Rachael, [1] I object to the positioning, size, height and illumination of the planned Coles pylon & advertising sign: DA 252/1544/12, which i believe will be unnecessarily visually intrusive. [2] But notwithstanding the above, if such a non-complying structure is to be given approval in this location, i believe it should be subject to (at least consideration of) the proposed vodaphone toweriDA 252/1503/121 being collocated with it, rather than being placed in the open space currently being reauested.(see previous exchange below). I copy this objection also to Trevor White and Carol Faulkner of CPRA, in hope that that organisation might support [1] and [2] above. Yours faithfully, David Mortimer 8 Whitney St, Cheltenham SA 5014 21/9/2012, 12.01am From: dpbm58@hotmail.com To: rfinn@charlessturt.sa.gov.au CC: twh79983@bigpond.net.au ; carolfaulkner@bigpond.com Subject: RE: Vodafone tower - Submission re DA number 252/1503/12 - objection Date: Sun, 16 Sep 2012 20:32:46 +0930 Dear Rachael, Thank you for this reply and the confirmation dated 31/8 which i received in the mail last week. I don't wish to speak personally at the DAP meeting, but i'll cede my right to speak to Cheltenham Park Residents' Asscociation (CPRA), on the theme of: "I object to the positioning of the vodaphone tower in such a sensitive area as envisaged by [DA 252/1503/12]. I am sure a more appropriate area can be found, for example on the petrol station opposite, or on the electricity substation a little further down torrens road. There are any number of more appropriate positions than this, which is in one of the last vestiges of open space planned for this site!" I copy the email to Trevor White and Carol Faulkner of CPRA. Best Wishes, David Mortimer Sunday, 16/9/12 From: rfinn@charlessturt.sa.gov.au To: dpbm58@hotmail.com Subject: RE: Vodafone tower - Submission re DA number 252/1503/12 - objection Date: Thu, 13 Sep 2012 01:37:38 +0000 Dear Mr Mortimer, You would already have received an acknowledge of your representation in the mail. However could you please clarify whether you wish to be heard at the Development Assessment Panel meeting. This will be held at 6:30pm on 3 October 2012. Thank you and kind regards Rachael Finn Development Officer (Planning) Planning & Development 72 Woodville Road, Woodville 5011 T: (08) 8408 1106 F: (08) 8408 1122 www.charlessturt.sa.gov.au 19/10/20 12 From: david mortirner[rnailto:dpbm58@hotmaiLcom] Sent: Wednesday, 29 August 2012 11:17 PM To: Rachael Finn Subject: Vodafone tower - Submission re DA number 252/1503/12 - objection TO Rachael Finn from David Mortimer Dear Rachael, I object to the positioning of the vodaphone tower in such a sensitive area as envisaged by DA 252/1503/12. I am sure a more appropriate area can be found, for example on the petrol station opposite, or on the electricity substation a little further down torrens road. There are any number of more appropriate positions than this, which is in one of the last vestiges of open space planned for this site! Yours faithfully, David Mortimer 8 Whitney St, Cheltenham SA 5014 Wednesday 29/8/2012 • •••• .• .'o• • G• *0 •• +G •.+o ••G • •.+. IJ o facebookcornitOfthailes5tjjrt 8 40 I0 + 4 44 tw erorn/ChariesSturtS I Charles Sturt is ... planning for 2027. Whats important to you? For full details visit www.yoursaycharlessturt.com.au Go Green - Think before you print. This initiative forms part of our environmental plan - Towards One Planet Living: Greening the Western Suburbs. Warning - This email message is intended only for the addressee(s) and may contain information that is confidential, subject to legal or other professional privilege, or protected by copyright. If you have received this in error, please notify the sender by reply email and delete this email from your system. You are not permitted to use, reproduce or disclose the contents of this email. No representation is made that this email is free of viruses. Virus scanning is recommended and is the sole responsibility of the recipient. Thank you. 19/10/20 12 ... . .,..+ ..•.. .• 8• •*+. +.•+ ,,.••..•.•• .. .. .. • ...• .. ...... , 2 LV Statement of RepresentaL.... i4 jEPZUI2 Pursuant to Section 38 of the Development Act 1993 This form can be completed online (please ensure you have Adobe Acrobat Reader version 7 or above) and emailed from your computer if the computer has on email client such as Outlook Express or Outlook installed. If you have a remote email occount (e.g. gmail, hotmail) the form should be printed, completed and mailed to Council at P0 Box 1, Woodville SA 5011. Under the Development Act 1993, any person may, in accordance with the regulations, make a representation in writing to the relevant authority in relation to the granting or refusal of consent for a Category 2 or Category 3 development application. To submit a statement of representation by email please complete ALL 8 sections of this form and use the submit button at the bottom to send to council. Please note that pursuant to section 38(17) of the Development Act 1993, if the application involves a Category 2 notification and you were not entitled to receive notice of the application in accordance with the Development Act 1993 and Development Regulations 2008 you cannot make a representation in relation to the application. *1. Development Number 252/1 'St-4I/ TtZJ eg: 252/1234/99 *2. Person(s) making representation: Name: (Mr/Mrs/Ms) Street Postal 4 Email: Phone: *3 Nature of Interest in development (eg adjoining resident, owner of land in vicinity or on behalf of organisation or company): Cf : c/kj h *4 Issues that I/we would like to raise: (If insufficient space please add remainder to covering email) c ce- ,t/cred. / *5• These issues would be overcome by (state action sought): crJ' f City of Charles Sturt 72 Woodville Road, Woodville, South Australia 5011 T08 84081111 F 088408 1122 www.charlessturt.sa.gov.au - - ) r Fj *6. Please indicate whether you wish to personally present your statement to the Development Assessment Panel. Your written statement will be provided to the Development Assessment Panel and to the applicant, and will be considered in making an approval decision. You may choose to present your statement verbally. D Please tick one of the boxes below I do not wish to make a verbal presentation. will appear personally to make a verbal presentation. EJ I authorise to make the verbal representation on my behalf.. *7 J would like an officer of Council to contact me to discuss my submission Yes (9" NoD *8. Privacy I acknowledge that copies of this representation and supporting documentation may be provided to interested persons in accordance with the Development Regulations 2008 may be made a'aiIable on Council's webs ite. Written representations form part of the reports attached to Council agendas. The agenda, minutes and accompanying report is made available on Council's website. Information, including names and addresses recorded in these documents can therefore be searched by the various website search engines. Authorised by (insert name): ,le.'1yv- ) I&J Date: t /0t1j ,i ALL 8 Sections of this form must be completed. Representations Representations must be made in writing, and a Statement of Representation form must be completed and supplied. The Statement of Representation form requires persons making a representation to state their name and address, and describe the reasons for their representation and how the issues would be overcome. The written statement is more likely to be effective if it refers to the provisions of The Charles Sturt Development Plan this can be accessed at the City of Charles Sturt website, www.charlessturt.sa.gov.au Copies of representations are forwarded to the applicant, and the applicant is given the opportunity to respond in writing to the representation. It is not necessary to attend a Development Assessment Panel meeting, but you may chose to do so to make a verbal presentation of your concerns. Please note that the time for making a verbal presentation will be limited to approximately 5 minutes. For Category 2 development, the council may determine to allow a representor to appear before council to present their representation. For Category 3 development, Council must allow a representor to appear to make their representations. The applicant is also allowed to appear in order to respond to any representations. Council advises Representors with notice of its decision. In the case of a Category 3 development, Representors have the right to lodge an appeal against the decision with the Environmental Resource and Development Court. p DA 252/1544/12 Statement of Representation (continued) 4.Issues The objections to this development application include the size and form, height, position and iflumination of the proposed pylon sign in the Cheltenham Park Policy Area 22. 4.1 Size and form. The size of the proposed pylon sign would be appropriate for a major shopping complex. The Desired Character for the mixed use precinct in the policy area includes "a small supermarket and speciality shops" to cater "primarily to the needs of rail commuters and residents within the policy area". The "t bar" form of the pylon sign is a major departure from the advertising restraint imposed for the policy area. - 4.2 Height The proposed height is a major impact on the amenity of existing properties on the western side of Cheltenham Parade. The pylon sign will exhibit an overbearing presence to these existing residences that will be screened from view of the new residential areas within the St Clair development, i.e. acknowledged as screened from the targeted residents in the policy area. The closure of the lower section of the pylon sign poses a surveillance and security risk area. 4.3 Location As there is no direct vehicular access from Cheltenham Parade to the Coles site, the location of the pylon sign at the distant perimeter of the parking area is not directionally appropriate for south bound traffic on that road. 4.4 Illumination. Continuous illumination from a sign for a facility not open continuously does not conform to Council's energy use minimisation policy. General Comment. This Development Application adds one more impact that detracts from the amenity of the existing residents on the western side of Cheltenham Parade. No apparent attempt to create an appropriate transition is evident in this application. The presence of a "Coles" outlet can be achieved by other more appropriate signage. - M,~~ ~ ~ + OOACHITECTURE ADELAIDE Level 15.19 Grenfetl Street. T +61 881123400 INTERIORS BRISBANE Adelaide, South Australia 5000 F +618 8112 3499 URBAN DESIGN DARWIN PLANNING PERTH SYDNEY GPO Box 1752 Adelaide SA 5001 Australia E LADSCUJ'E W sa@hamesshartey.com.au www.hamessharley.com.au 12 October, 2012 Rachael Finn Development Officer - Planning via email: rfinn@charlessturt.sa.gov.au Re: DA 252/1544/12 - 615 Torrens Road, St. Clair .7l LAai CU-I Em rox =tA Dear Rachael, Hames Sharley, on behalf of the Coles Group (the Applicant), refers to the correspondence 28th 5th September, 2012 (received October 2012) advising of the representations dated received pursuant to Section 38(8) of the Development Act, 1993. This letter acts as the formal response to those representations received. We confirm that the Development Application proposes the construction of a pylon sign associated ancillary to an approved shopping centre. We have been advised that following the Category 3 public notification period, a total of 2 representations were received by Council. Representation 1: Mr. David Mortimer had objections relating to the overall size, height and illumination of the proposed development. Mr. Mortimer argues that if the pylon sign is approved then it should be collocated with the proposed Vodafone tower which is subject to DA 252/1503/12. Representation 2: The second response was from Mr. Trevor White had objections to the size, form, height, location and illumination of the proposed sign. Mr. White also stated that the proposed development further reduces the amenity associated with the dwellings to the west of Cheltenham Parade. Response: The Applicant has taken the respondents views into consideration and in response has put forward an amended pylon sign proposal. The revised proposal drawings are appended to this correspondence. The revised proposal drawings include the following amendments • A reduction in the height from 6500mm to 6000mm • A reduction in the width of the main body from 3500mm to 1800mm and a corresponding reduction in the overall size of the pylon sign from 21.98sqm to 13.38sqm • A reduction in the size of the illuminated sign panels from 3.4sqm (Coles) and 2.5sqm (specialty stores) to 2.04sqm and 1.56sqm respectively. The revised proposal is a significant reduction in the size of the pylon sign and a corresponding significant reduction in the visual impact of the pylon sign on the locality. HAMES SHARLEY (BA) PlY LTD P031280 .5 CIa,Moed So, Fr,000cl - PI.nn,,g\06 0tpto\62 Reporto\Sign.ge AppI0000n\Reopono,to Repro enteooro\12lOU9-L-HS to CotCS-R,opo,o, to Pyloo Gg plonningreprooentolonodocx ABN 97 007 791639 Mr. White has stated that the proposed sign is positioned in an inappropriate location as there is no direct access from Cheltenham Parade to the site. Mr. White is incorrect in his assertion. As indicated within the approved shopping centre plans and the pylon sign application plans, there is direct (in only) access to the Shopping Centre car park from Cheltenham Parade. The proposed pylon sign informs southbound traffic on Cheltenham Parade of the presence of the Coles shopping centre and is also an indicator for the entry to the car park. The proposed sign is setback a distance of 23m from the road verge and is separated from the dwellings adjacent west by substantial landscaping and a footpath, four vehicle carriage ways, a median strip and a further verge and footpath on the opposite side of the road. The total distance of separation resulting from this spatial separation is some 44m from the properties to the west. To this end, we contend that the sign will have a minimal impact on the existing dwellings to the west of Cheltenham Parade. Mr. Mortimer argued that the proposed sign should be collocated with a proposed 30m high Vodafone mobile phone tower. The Vodafone tower application has been submitted by a different applicant, is located on a different parcel of land some 450m away from the subject land and has no association whatsoever with the proposed development. I trust the detail provided herein is suitable to ensure the assessment can be finalised. Should you wish to discuss any matter further, please contact me on 81123400 or 0402424403. Yours Sincerely Anthony Gatti Planning Consultant HAMES SHARLEY Attahcments: DA-PS01-Pylon Sign Title Page-Rev B DA-PS02-Pylon Sign Location Plan-Rev B DA-PS03-Pylon Sign Elevations-Rev B cc. Fabio Pagano Scott Robinson David Jolley - Coles - Retail Feasibility and Development Coles Synergy Project Management hi w LM Efu (Dx P\31280 - St Cttr M,<,d U,e Pr,onct - PIrnn,,g\06 0tput,t62 Report\Sgneg Apphcationepon, to Rep enthonA1Z1DO9-L-HS to CofCS-R,p,net, P4on Sjgn pSnning r,pr, ,tatw, d,a X - City of Charles Sturt 15. DAP Report 7/11/12 A1TACHMENT 0 [Attachment D consists of 2 pages] = ease to quote 2012100108/01, Process ID: 166332 Silvestri Telephone (08)8343 2744 Fcsirnile (08) 8343 2725. E-maii dptijluc@sa.gov.au Government of South Australia Department of Planning, Transport and Infrastructure TRANSPORT SERVICES DIVISION 77 Grenfell Street Adelaide SA 5001 18/09/2012 RECEVE 24 SEP 2312 MsRachaél Finn City of ChrIes Sturt PQ : Box 1 Ty' QF CHARLES STR 'WQODVILLE SA5O1 I Dear Ms Finn, SCHEDULE 8- REFERRAL RESPONSE Development No Applicant Location Proposal 252/1544/12 Hames Sharley (SA) Pty Ltd 615 Torrens Road, Cheltenham (CT 6072/952) Internally illuminated free-standing signage (6.5m high & 21.98 sq.m.) associated with an approved supermarket (Non-complying) I refer to the above development application forwarded to the Transport Services Division iof the Department of Planning, Transport and Infrastructure (DPTI) in accordahce with Section 37 of the Development Act 1993. The proposed development involves development adjacent a main roadas described above. The following response is provided in accordance with Section 37(4)(b) of the Development Act .1993 and Schedule 8 of the Development Regulations 2008. THE PROPOSAL The application proposes to erect an internally illuminated free-standing sign associaed with an approved supermarket. The sign is located approximately 100 metres jnorth of a signalised rail crossing and approximately 60 metres south of a new signalised intersection that will be created as part of the St Clair subdivision cONSIDERATION llIuminted signage adjacent to arterial roads can present a risk of distraction to motorists, conflict with traffic signals and interfere with driver sightlines. Accordingly, DPTI has undertaken investigation of the road environment in the vicinity, of the proposed sign and considers that it is unlikely the proposed illuminated sign will interfere with the nearby rail crossing signals or future signalised intersection. Subsequently, no objections are raised in principle to the proposed signage. CONCLUSION DPTI does not object in principle to the proposal. KNet 7012429 P0 Box 1533 Adelaide SA 5001 Telephone: 61 8 8343 2222 Facsimile: 618 8343 2585 p r 2 ADViCE The planning authority is advised to attach the following conditions to any approval: 1. The proposed illuminated sign may use LED lighting for internal illumination of a light box only. 2. No element of LED or LCD display is to be included in the design of the sign. 3. The illuminated sign shall be limited to a low level of illumination so as to minimise distraction to motorists. 4. The sign shall not contain any element that flashes, scrolls, moves or changes. 5. The utilisation of Trailer Mounted Variable Message Displays for advertising purposes shall not be permitted on or adjacent to the subject land. Yours sincerely, MANAGER, TRAFFIC AND ACCESS STANDARDS for COMMISSIONER OF HIGHWAYS A copy of the decision notification form should be forwarded to: Land Use Co-Ordination Unit Traffic and Access Standards Section Department of Planning, Transport and Infrastructure GPO Box 1533 ADELAIDE SA 5001 KNet 7012429