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1. In the interest of public disclosure - I'd like to illustrate how inept Holdfast Council is at performing their duty. Essentially, the below chain of communication highlights that Holdfast Council do not have any inclination to observe the requirements in their own Development Plan and completely ignore any development requirements. This is posted as a "buyer beware" notification for anyone who is considering purchasing a property in an area in which the Development Plan indicates that no two storey development should be allowed. This is total rubbish and the council will approve two storey development at the drop of a hat. (names removed for privacy - suggest reading from the bottom up from this point.)
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   From: @holdfast.sa.gov.au>
   Sent: Monday, 23 September 2019 4:48 PM
   To: Resident
   Subject: RE: Development Application ID 110/00426/19 concerns

   Hi,
   Sorry for any confusion here however I thought I clarified that in my email dated 19/07/19. As explained in that email because the application was considered under the Residential Code the only aspect of the development that Council could assess and refuse was the setback from Swan Street. For reasons explained in that email the setback was considered satisfactory and approved. The applicant could have chosen to have the whole development assessed by a private certifier , in which case there would have been no involvement by Council other than to issue development approval once the planning and building consents had been received.
   Team Leader Development Assessment
   City of Holdfast Bay

   From: Resident
   Sent: Monday, 23 September 2019 11:32 AM
   To: @holdfast.sa.gov.au>
   Subject: RE: Development Application ID 110/00426/19 concerns

   Hi,
   Thank you for your response. I appreciate that Council agrees with the Residential Code assessment outcome. However this does not deal with the fact that the development application is in gross misalignment with the principles of the Council Development Plan. In your below email dated 23 September, you indicated that Council has less control over applications, but you have not stated that Council has zero control. On this point, you have also not answered my question in my former email of 18 September, specifically:

   Did Holdfast Council have the capacity to reject the Development Application?

   Kind Regards,
   Resident

   From: @holdfast.sa.gov.au>
   Sent: Monday, 23 September 2019 11:16 AM
   To: Resident
   Subject: RE: Development Application ID 110/00426/19 concerns

   Hi,

   I note the Ministers response which correctly states that it is the role of Council to grant development approval after planning and building rules consents have been granted. In deed the law requires Council to grant development approval once planning and building rules consents have been obtained. The processes involved with the planning assessment and consent as distinct from the final development approval was explained in my previous email, noting that Council has less control over development when assessed against the Residential Code as opposed to Council Development Plan. Council is of the opinion that the assessment procedures and approvals for the development are correct.

   Team Leader Development Assessment
   City of Holdfast Bay

   From: Resident
   Sent: Wednesday, 18 September 2019 9:42 AM
   To: @holdfast.sa.gov.au>
   Subject: RE: Development Application ID 110/00426/19 concerns

   Hi,

   I have contacted the Minister for Planning in regards to this application to seek advice on why/how it is possible that a Development Plan that specifically indicates “no two story houses east of Brighton Road” can be entirely ignored.

   The Minister’s response is attached for your reference. In it, he writes that “It is then the role of council to grant development approval after planning and building rules consents have been granted”. This implies that Holdfast Council still had right of refusal to grant development application as said application was in breach of the principles of the Development Plan as I have highlighted in previous emails.

   I would appreciate your response on this matter to clarify whether Holdfast Council did in fact have the capacity to reject the development application or whether the Minister has provided me with incorrect information.

   Kind Regards,
   Resident
   
   From: @holdfast.sa.gov.au>
   Sent: Friday, 19 July 2019 3:16 PM
   To: Resident
   Subject: RE: Development Application ID 110/00426/19 concerns

   Hi,

   I note your concerns and if fully assessed under Councils Development Plan I agree that there would be more reasons to warrant a refusal. As previously advised however the application has been submitted under the Residential Code, which was introduced by the Minister and supersedes Councils Development Plan in areas that are applicable to the Code. The Code does not have the same regard to bulk and scale as does our Development Plan and if the application meets certain basic criteria of the Code then it is ‘complying’ development which must be approved. The Code also allows for one non-compliance of the relevant criteria, which can be assessed as a ‘limited assessment’ on merit.

   The subject development meets the relevant Code criteria regarding the secondary road setback to Coventry Street, side and rear setbacks, boundary and other wall heights and other criteria except for the Swan street setback which was assessed as the limited assessment. This was the only aspect that could legally be assessed so most of the Development Plan provisions you have referred to could not be considered. In assessing the Swan street setback consideration was given to a number of factors including its location at the end of Swan Street, the similar setbacks associated with the two storey development previously approved and under construction at the western end of Swan street and reduced setbacks to a number of other dwellings facing Swan Street. Having regard to those it was considered the street setback is satisfactory and given compliance with other Code criteria Development Plan Consent has been granted.

   Team Leader Development Assessment
   City of Holdfast Bay

   From: Resident
   Sent: Friday, 19 July 2019 9:56 AM
   To: @holdfast.sa.gov.au>
   Subject: RE: Development Application ID 110/00426/19 concerns

   Hi,
   I thank you for responding to my previous email. I note that the development application related to 20 Coventry Street, Brighton (i.e. Application ID 110/00426/19) has transitioned to “planning consent” and this concerns me deeply hence I would like to make further enquiries and advise that I am still highly dissatisfied with any decision that would allow the construction of two storey dwellings at this location. I am not opposed to the subdivision of the land as has been done already at 10, 12, & 16 Coventry Street. My grievance is solely with any application to allow multiple-storey construction on this street.
   I fail to see how any development can occur that does not need to be considerate of the Development Plan related to the area in which that development is planned. In this instance, there are multiple elements of the Holdfast Bay Council Development Plan, 2016 which specifically deter and prohibit the construction of a multiple-storey development at this location as per below.
   I draw your attention to Clause 1 (a) of General Section, Design & Appearance, Principles of Development Control (pg. 33), which states “Buildings should reflect the desired character of the locality while incorporating contemporary designs that have regard to the following… building height…”. There are no two storey dwellings at all on Coventry Street or Swan Street and in allowing the construction of such, I feel would be in contravention of this guiding principle.
   I note that Coventry Street is classified within the Holdfast Bay Council Development Plan, 2016 as a general “Residential Zone” which highlights the third objective of this Zone as “development that contributes to the desired character of the zone” (pg. 179). This desired character is then defined on the same page as “predominantly low-density suburban form” and that development “will not compromise the suburban character but will progressively increase dwelling densities through unobtrusive small-scale developments. In this regard, infill development will have a comparable height, mass, scale and setbacks to that of existing dwellings in the relevant locality.”. Finally, it is explicitly stated in this description of ‘desired character’ that “Development outside of the policy areas will generally be single storey in height in the areas east of Brighton Road”.
   For all reasons above, I cannot see how it would be possible to permit the construction of two-storey dwellings on 20 Coventry Street, Brighton.

   In regards to setbacks, personally having significant experience in the construction industry, I do not feel that appropriate prescribed setbacks can be achieved for two multiple-storey dwellings on 20 Coventry Street, giving consideration to:
   1. The need to achieve a setback from street frontage consistent with adjacent dwellings (Clause 19, pg. 79; Objective 3, pg. 179)
   2. The need to have sufficient side boundary setback to minimise the visual impact and overshadowing of adjacent properties (Clause 20, (a) & (b), pg. 80)
   3. Rear boundary setbacks of minimum of 6 metres (Clause 21, pg. 80)
   4. Side boundary walls should be limited in length and height to minimise visual impact on adjoining properties (Clause 23 (a), pg. 80)

   I would like to re-iterate my previous point that I am entirely supportive of subdivision and the construction of multiple dwellings at this address and my sole objection is to the allowance of multiple-storey construction.

   It is with respect that I ask that this development application be rejected for all the above reasons and that permission be granted to the applicant to further develop the site to the extent that single storey dwellings only be permitted.

   If this is outside of Holdfast Bay Council’s ability to control, I would be appreciative of information and contact details to allow me to escalate this concern further. I would be happy to discuss this further at any time and can be contacted on xxxxxxxxxx.

   Kindest Regards,
   Resident

   From: @holdfast.sa.gov.au>
   Sent: Tuesday, 18 June 2019 3:14 PM
   To: Resident
   Subject: RE: Development application dispute

   Dear Resident,

   Thank you for your email. Your concerns are noted however the application has been submitted pursuant to the Residential Code. The Residential Code was introduced by the Minister and where applicable supersedes Council’s Development Plan. Developments that meet certain provisions of the Code (Schedule 4 of the Development Regulations – complying development) are not subject to public notification. The Code does allow for two storey developments regardless of existing character subject to meeting prescribed heights and setbacks. Council will finalise its assessment once final plans have been submitted.

   Team Leader Development Assessment
   City of Holdfast Bay
   Brighton Civic Centre
   24 Jetty Road, Brighton SA 5048

   From: Resident
   Sent: Monday, 17 June 2019 1:30 PM
   To: Holdfast Mail
   Subject: Development application dispute

   Good Morning,

   I am a resident of Holdfast Council and would like to dispute a development application to build two two-storey detached dwellings on an adjacent property. This related to Application 110/00426/19. I do not consent to this development and feel this would significantly detract from the immediate area and devalue my current property. There are currently no two storey dwellings on the entire street, or the entire block on which this development is proposed. There is currently a single single-storey dwelling and demolishing this and replacing with two two-story dwellings would significantly deteriorate from the current amenity of the surrounding area.

   Moreover, the second storey of the dwellings would significantly affect the privacy of the backyards of adjacent dwellings.

   Please advise the process to formally lodge this notification of dispute.

   Kind Regards,
   Resident

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