Decisions:
The Council Assessment Panel resolves that:
1. Pursuant to Section 107(2)(c) of the Planning, Development and Infrastructure Act 2016, and having undertaken an assessment of the application against the Planning and Design Code, the application is NOT seriously at variance with the provisions of the Planning and Design Code; and
The Council Assessment Panel resolves that:
2. Development Application Number ID 25035892, by Datay Pty Ltd is REFUSED Planning Consent for the following reasons:
· City Living Zone PO 1.4 is not achieved as the proposed commercial activities are not of a scale and type to maintain residential amenity.
· City Living Zone PO 2.3 is not achieved as the new building is not consistent with the valued streetscape characteristics of the area or prevailing built form characteristics.
· City Living Zone PO 3.1 is not achieved as the building is not setback from the primary street boundary to complement the existing streetscape character.
· City Living Zone PO 3.5 is not achieved as boundary walls are not limited in height and length to manage impacts on adjoining properties.
· Design Overlay PO 1.1 is not achieved as the medium rise building does not demonstrate high quality design.
· Design in Urban Areas PO 2.4 is not achieved as the development at street level does not maximise opportunities for passive surveillance of the public realm.
· Design in Urban Areas PO 2.5 is not achieved as the entry points of the building and non-residential land uses at street level do not maximise passive surveillance from the public realm to the inside of the building at night.
· Design in Urban Areas PO 3.1 is not achieved as soft landscaping and tree planting are not incorporated to minimise heat absorption and reflection, maximise shade and shelter, maximise stormwater infiltration and enhance the appearance of the land and streetscape.
· Design in Urban Areas PO 12.1 is not achieved as the building does not positively contribute to the character of the local area by responding to the local context.
· Design in Urban Areas PO 12.2 is not achieved as architectural detailing at street level and a mixture of materials at lower building levels near the public interface are not provided to reinforce a human scale.
· Design in Urban Areas PO 12.3 is not achieved as the building is not designed to reduce visual mass by breaking up building elevations into distinct elements.
· Design in Urban Areas PO 12.4 is not achieved as boundary walls visible from public land do not include visually interesting treatments to break up large blank elevations.
· Design in Urban Areas PO 13.1 is not achieved as the development does not provide a well landscaped area that contains a deep soil space to accommodate a tree of a species and size adequate to provide shade, contribute to tree canopy targets and soften the appearance of the building.
· Design in Urban Areas PO 13.2 is not achieved as deep soil zones are not provided to accommodate new deep root vegetation, including tall trees with large canopies to provide shade and soften the appearance of multi storey buildings.
· Design in Urban Areas PO 13.3 is not achieved as deep soil zones with access to natural light are not provided to assist in maintaining vegetation health.
· Interface between Land Uses PO 1.2 is not achieved as the development is not designed to minimise adverse impacts to adjacent sensitive receivers.
· Interface between Land Uses PO 4.1 is not achieved as noise emitted by the development unreasonably impacts on the amenity of sensitive receivers.
· Transport, Access and Parking PO 1.4 is not achieved as the development is not sited and designed so that traffic avoids queueing on public roads.
ADVISORY NOTES
1. Appeal Rights
The applicant has a right of appeal against this decision. Such an appeal must be lodged at the Environment, Resources and Development Court within two months from the day of receiving this notice or such longer time as the Court may allow. The applicant is asked to contact the Court if wishing to appeal. The Court is located in the Sir Samuel Way Building, Victoria Square, Adelaide, (telephone 8204 0289).